Terms and conditions

VDS Instruments General Terms and Conditions 

Created on: 11-09-2023
Last updated on: 10-01-2026

Table of Contents:

Article   1 – Definitions

Article   2 – Trader Identity

Article   3 – Applicability

Article   4 – The Offer

Article   5 – The Agreement

Article   6 – Right of Withdrawal

Article   7 – Costs in Case of Withdrawal

Article   8 – Exclusion of the Right of Withdrawal

Article   9 – The Price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Performance

Article 12 – Continuous Transactions: Duration, Termination and Extension

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms, the following definitions apply:

1. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;
3. Day: calendar day;
4. Continuous transaction: a distance contract relating to a series of products and/or services, the obligation to deliver and/or take delivery of which is spread over time;
5. Durable medium: any medium by which the consumer or trader can store information addressed to them personally in such a way that they can access it for future reference and reproduce the stored information in an unaltered form.
6. Right of withdrawal: the consumer's right to withdraw from the distance contract during the cooling-off period;
7. Model withdrawal form: the model withdrawal form provided by the trader, which the consumer may complete if they wish to exercise their right of withdrawal.
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract entered into in the context of a system organised by the trader for the distance sale of products and/or services, where, up to and including the conclusion of the contract, only one or more distance communication techniques are used;
10. Distance communication technique: a means that may be used to conclude a contract without the consumer and trader meeting simultaneously in the same place.
11. General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Trader Identity

(trader identity)

information about the supervisory authority:

If the trader is engaged in a regulated profession:

• the professional association or organisation of which they are a member;
• the professional title and the place in the EU or European Economic Area where it was granted;
• a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.

Article 3 – Applicability 

1. These general terms and conditions apply to every offer made by the trader, every distance contract concluded and every order placed between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded that the general terms and conditions are available from the trader and shall be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically before the distance contract is concluded in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they shall be sent to the consumer free of charge electronically or by other means upon request.
4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or unenforceable, the remainder of the contract and these terms and conditions shall remain in force, and the provision in question shall be replaced as soon as possible by agreement between the parties with a provision that comes as close as possible to the original purpose.
6. Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
7. Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this shall be clearly stated in the offer.
2. The offer is non-binding. The trader is entitled to amend and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make an informed assessment of the offer. If the trader uses images, they shall be a faithful representation of the products and/or services offered. Obvious misunderstandings or obvious errors in the offer shall not bind the trader.
4. All images, specifications and data in the offer are indicative and shall not give rise to a claim for damages or the rescission of the contract.
5. Images accompanying products are a faithful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
6. Every offer contains sufficient information to make it clear to the consumer what their rights and obligations are upon acceptance of the offer. In particular, this includes:

• the price including taxes;
• any shipping costs;
• the manner in which the contract will be concluded and the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the contract;
  • the period for accepting the offer, or the period during which the trader guarantees the price;
  • the rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the communication medium used;
  • whether the contract is archived after conclusion and, if so, how the consumer can access it;
  • the manner in which the consumer can check and, if necessary, correct the data they have provided in connection with the contract before the contract is concluded;
  • any other languages in which, in addition to Dutch, the contract may be concluded;
  • the codes of conduct to which the trader has submitted and the manner in which the consumer can access these codes of conduct electronically; and
  • the minimum duration of the distance contract in the event of a continuous transaction.
  • Optional: available sizes, colours, types of materials.

 

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions attached thereto.
2. If the consumer accepts the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. Until the trader has confirmed receipt of this acceptance, the consumer may rescind the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
4. The trader may – within legal limits – ascertain whether the consumer is able to fulfil their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this assessment, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.
5. The trader shall send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, with the product or service provided to the consumer: 

a. the address of the trader's premises where the consumer can lodge complaints;

b. the conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded; 

c. information about warranties and existing after-sales service;

d. the information included in paragraph 3 of Article 4 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;

e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. 

• In the event of a continuous transaction, the provision in the preceding paragraph applies only to the first delivery.
• Every contract is entered into subject to the suspensive condition that the relevant products are sufficiently available.

Article 6 – Right of Withdrawal

 For the delivery of products: 

1. When purchasing products, the consumer has the option to rescind the contract without giving reasons within 14 days. This cooling-off period begins on the day after the consumer or a representative designated by the consumer in advance and notified to the trader receives the product.
2. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days after receiving the product. The consumer must notify the trader by sending an email to info@vdsinstrumenten.nl or via the customer account. After the consumer has notified the trader of their intention to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example by providing proof of shipment.
4. If the customer has not notified the trader of their intention to exercise their right of withdrawal or has not returned the product to the trader within the periods mentioned in paragraphs 2 and 3, the purchase is final.

For the delivery of services: 

• When services are delivered, the consumer has the option to rescind the contract without giving reasons within at least 14 days, starting on the day the contract is entered into.
• To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader in the offer and/or, at the latest, at the time of delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, returns within the Netherlands are free of charge, with the exception of digital pianos, Keyboards larger than 49 keys, Organs, cellos, cello cases, bows, speakers heavier than 10 kilos and drum sets. These items are excluded due to their dimensions and/or fragility. For these products, the consumer is responsible for the return shipping costs.

   Free returns only apply if the item is returned complete, undamaged and in accordance with the return conditions. If the item is damaged, returned incomplete or does not meet the return conditions, the conditions described in Article 7.6 apply.

   If the consumer does not use the return label offered by VDS Instruments and chooses their own shipping method, the return shipping costs will be borne entirely by the consumer. These shipping costs will not be reimbursed by VDS Instruments.

2. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop or conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly gives permission for a different payment method.

3. If the product is damaged due to careless handling by the consumer themselves, the consumer is liable for any reduction in the product's value.

4. If the consumer keeps part of the order and only returns part of it, the outbound shipping costs will still be charged. This is the standard shipping rate of €6.95.

5. The consumer cannot be held liable for a reduction in the product's value if the trader has not provided all legally required information about the right of withdrawal. This must be done before the purchase agreement is concluded.

6. If a return is refused because the product is damaged, incomplete, or does not meet the conditions for free returns, the consumer will be responsible for both the return shipping costs and the costs of reshipping the product to the consumer. These costs are €6.95 for returning the product to the trader and €6.95 for reshipping it to the consumer. The product will only be returned after the consumer has paid these costs.

   
   

Exception for business customers:
Business customers have no right of withdrawal, return, rescission, or cancellation of an order.

Returns of business purchases are only possible with the prior written permission of VDS Instrumenten. VDS Instrumenten is not obliged to accept a return request.

If VDS Instrumenten gives written approval for a return, the following business return conditions apply.

1. General

• Products may only be returned with the trader's written permission.
  

2. Conditions for returns

• Original condition: The product must be in its original, unused, and undamaged condition, complete with all accessories, manuals, and any other items supplied with it.
• Packaging: The product must be returned in its original packaging. The packaging must be in good condition, without damage, tears, or missing parts.
• Protective film: Any original protective film on the product must be intact and undamaged. Products without protective film will not be accepted for return.
• Inspection: Upon receipt of the return, the trader will inspect the product. If it appears that the product has been used, damaged, or is incomplete, the trader reserves the right to refuse the return or charge a fee for depreciation.

3. Costs and processing

• Return costs: The costs of returning products are borne by the business customer, unless otherwise agreed.
• Processing time: After receipt and approval of the return, the refund process will be initiated. The processing time is a maximum of 14 days.
• Refunds: Refunds will be made using the originally chosen payment method, unless otherwise agreed. If the product has depreciated, this amount may be deducted from the refund.

4. Exclusions

• Custom-made products: Products that have been specially made to measure or personalized for the customer cannot be returned.
• Software and digital products: Software and digital products whose seal has been broken or that have been downloaded cannot be returned.
• Certain electronic products: Specific electronic products whose packaging has been opened and used may not be returnable. Please contact our customer service for specific information.

5. Complaints and warranty Business purchases are subject to different warranty laws than consumer products. Complaints about products must be submitted in writing and will be assessed by us on the basis of the applicable warranty provisions.

6. Force majeure In the event of force majeure, as described in the purchase agreement, returns may be restricted or excluded.

Article 8 – Exclusion of the right of withdrawal

1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least before concluding the agreement.
2. The right of withdrawal may only be excluded for products:

a. made to order by the trader according to the consumer's specifications;

b. which are clearly personal in nature; 

c. which cannot be returned by their nature;

d. which are liable to deteriorate or deteriorate rapidly; 

e. whose price is subject to fluctuations in financial markets beyond the trader's control; 

f. loose newspapers and magazines;

g. audio or video recordings and computer software whose seal has been broken by the consumer. 

h. hygiene products whose seal has been broken by the consumer. 

• The right of withdrawal may only be excluded for services: 

a. relating to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;

b. the provision of which has begun with the consumer's express consent before the withdrawal period expires;

c. relating to betting or lottery.

Article 9 – The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in financial markets beyond the trader's control at variable prices. This link to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory provisions or regulations.
4. Discount codes and other discount promotions are not valid for B-stock items, unless expressly stated otherwise in the relevant discount promotion or for the relevant B-stock item.
5. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has agreed to this and:

a. they result from statutory provisions or regulations; or

b. the consumer has the right to terminate the agreement with effect from the day the price increase takes effect. 

• The prices stated in the offer of products or services include VAT.
• All prices are subject to printing – and typographical errors. No liability is accepted for the consequences of printing – and typographical errors. In the event of printing – and typographical errors, the trader is not obliged to supply the product at the incorrect price.

 Article 10 – Conformity and Warranty

1. The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of fitness for purpose and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also warrants that the product is suitable for use other than normal use.
2. A warranty provided by the trader, manufacturer, or importer does not affect the consumer's statutory rights and remedies against the trader under the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the trader within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
4. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
6. The consumer has repaired and/or modified the delivered products themselves and/or had them repaired and/or modified by third parties;
7. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the trader's instructions and/or the instructions on the packaging. Examples of problems that do not fall under the statutory warranty include water damage (unless otherwise stated), user damage (e.g. scratches and dents), unexplained damage to, for example, a piano keyboard, blown speakers, etc. This is because the damage was caused by improper use.
8. The unfitness for purpose is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

 Article 11 – Delivery and Performance

1. The trader will exercise the utmost care when receiving and performing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address provided by the consumer to the company.
3. Subject to what is stated about this in paragraph 4 of this article, the company will perform accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be performed or can only be partially performed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to rescind the agreement without cost. The consumer has no right to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of rescission in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after rescission.
6. If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement product available. No later than at delivery, it will be clearly and understandably stated that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipping are borne by the trader.
7. The risk of damage and/or loss of products rests with the trader until delivery to the consumer or a representative previously designated and known to the trader, unless expressly agreed otherwise.

Article 12 – Continuous Transactions: Duration, Termination, and Extension

Termination 

1. The consumer may terminate an agreement concluded for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services at any time before the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may:
4. terminate the agreements mentioned in the previous paragraphs at any time and is not limited to termination at a specific time or during a specific period;
5. terminate them at least in the same manner as they were concluded;
6. always terminate them with the same notice period as the trader has agreed for themselves.

 Extension

• An agreement concluded for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
• Notwithstanding the previous paragraph, an agreement concluded for a fixed period that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
• An agreement concluded for a fixed period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement provides for the regular delivery of daily, news, and weekly newspapers and magazines less than once a month.
• An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period expires.

Duration

• If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed duration. 

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the withdrawal period as referred to in Article 6, paragraph 1. In the event of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the trader.
3. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously made known to the consumer.

Transaction Costs and Refunds

For payments made via external payment providers, including in3, credit card, iDEAL, and other offered payment methods, transaction costs may be charged by VDS Instrumenten.

For business orders that are cancelled or returned at the customer's request and where VDS Instrumenten voluntarily agrees to issue a refund, VDS Instrumenten reserves the right to deduct the actual non-refundable transaction costs from the refund amount. Depending on the payment method, these costs may amount to up to 10% excluding VAT.

For consumers, statutory rights of withdrawal, rescission, and refund remain fully applicable. No transaction costs will be deducted from a legally required refund.

Article 14 – Complaints Procedure

1. The trader has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this procedure.

2. Complaints about the performance of the agreement, including reports of missing items, must be submitted to the trader in full and clear detail within 7 days of receipt of the order. If a consumer fails to report missing items within this period, the trader reserves the right not to process such reports.

   Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

   Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
3. If the complaint cannot be resolved through mutual agreement, a dispute will arise subject to the dispute resolution procedure.
4. In the event of a complaint, a consumer should first contact the trader. If the webshop is a member of Stichting WebwinkelKeur and the complaint cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl, which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur; its ruling is binding, and both the trader and the consumer agree to this binding ruling. Submitting a dispute to this committee involves costs that must be paid by the consumer to the relevant committee. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).
5. A complaint does not suspend the trader's obligations unless the trader states otherwise in writing.
6. If the trader finds a complaint to be justified, the trader will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes 

1. Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions apply, even if the consumer is resident abroad.
2. The Vienna Convention on Contracts for the International Sale of Goods does not apply. 

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.