General conditions

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Definitions

1. Dryly®: Dryly B.V., located at Ambachtweg 2, 5731AG Mierlo under KvK no. 74009249.
2. VAT number: NL859742192B01
3. Customer: the person with whom Dryly® has entered into an agreement.
4. Parties: Dryly® and customer together.
5. Consumer: a customer who is also an individual acting as a private person.

 

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Dryly®.
2. The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties

Prices

1. All prices used by Dryly® are in Euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless otherwise expressly stated or agreed upon.
2. All prices on that Dryly® uses for its products or services, on its website or otherwise disclosed, Dryly® may change at any time.
3. Increases in the cost prices of products or parts thereof, which Dryly® could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation

Samples/models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Dryly® is entitled to charge interest of 1% per month from the day the customer is in default, with part of a month counting for a whole month.
2. If the customer is in default, he will also owe extrajudicial collection costs and any damages to Dryly®.
3. Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree.
4. If the customer fails to pay on time, Dryly® may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Dryly®'s claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate with Dryly®'s execution of the agreement, he is still obliged to pay the agreed price to Dryly®.

Right of advertising

1. As soon as the customer is in default, Dryly® is entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
2. Dryly® invokes the right of claim by written or electronic notice.
3. Once the customer has been notified of the invoked right of complaint, the customer must immediately return the products to which this right relates to Dryly®, unless the parties agree otherwise.
4. The cost of retrieving or bringing back the products shall be borne by the customer.

Right of Withdrawal

1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
   1. the product has not been used
   2. it is not a product that can spoil quickly, such as food or flowers
   3. it is not a product that has been customized or adapted especially for the consumer
   4. it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
   5. the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
   6. the product is not a trip, transport ticket, catering order or form of leisure activity
   7. the product is not a loose magazine or newspaper
   8. it does not concern an (order for) emergency repair
   9. the consumer has not waived his right of withdrawal
2. The 14-day cooling-off period mentioned in paragraph 1 begins:
   1. on the day after the consumer has received the last product or part of 1 order
   2. as soon as the consumer has received the first product of a subscription
   3. as soon as the consumer has received a service for the first time
   4. as soon as the consumer has confirmed that he will purchase digital content via the Internet
3. Consumers may exercise their right of withdrawal at info@dryly.com, if desired using the withdrawal form that can be downloaded from the Dryly® website, https://en.dryly.com/.
4. The consumer is obliged to return the product to Dryly® within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.
5. The cost of returns will be borne by Dryly® only if the entire order is returned.
6. If the purchase cost and any other costs (such as shipping and return shipping costs) are eligible for reimbursement under the law, Dryly® will pay these costs within 14 days of receipt of the timely invocation of the right of withdrawal, to

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Lien

1. Dryly® may invoke its right of retention and in that case hold products of the customer, until the customer has paid all outstanding bills against Dryly®, unless the customer has provided adequate security for those costs.
2. The lien also applies under prior agreements from which the customer still owes payments to Dryly®.
3. Dryly® shall never be liable for any damages that the customer may suffer as a result of exercising its lien.

Settlement

Unless the customer is a consumer, the customer waives its right to set off any debt owed to Dryly® against any claim against Dryly®.

Retention of title

1. Dryly® remains the owner of all delivered products until the customer has fully satisfied all of his payment obligations to Dryly under whatever agreement entered into with Dryly®, including claims of default.
2. Until then, Dryly® may invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Dryly® invokes its retention of title, the agreement shall be deemed dissolved and Dryly® shall be entitled to claim damages, lost profits and interest.

Delivery

1. Delivery will take place while supplies last.
2. Delivery shall take place at Dryly®, unless the parties have agreed otherwise.
3. Delivery of products ordered online is made to the address specified by the customer.
4. If the agreed amounts are not paid or not paid on time, Dryly® has the right to suspend its obligations until the agreed part is still paid.
5. Late payment constitutes creditor default, with the result that the customer cannot hold a late delivery against Dryly®.

Delivery time

1. The delivery times given by Dryly® are indicative and, if exceeded, shall not entitle the customer to rescission or damages, unless the parties have expressly agreed otherwise in writing.
2. The delivery time begins when the customer has fully completed the (electronic) order process and has received an (electronic confirmation) thereof from Dryly®.
3. Exceeding the specified delivery time does not give the customer the right to compensation or the right to rescind the agreement, unless Dryly® is unable to deliver within 14 days after written notice or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

Transportation costs

Transportation costs shall be borne by the customer unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer, before taking delivery of the product, must have a note of this made by the shipper or delivery person, failing which Dryly® cannot be held liable for any damage.
2. If the customer takes care of transportation of a product himself, he must report any visible damage to products or packaging to Dryly® prior to transportation, failing which Dryly® cannot be held liable for any damage.

Insurance

1. The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
   1. delivered goods which are necessary for the execution of the underlying agreement
   2. Dryly® goods which are on the premises of the customer
   3. goods delivered under retention of title
2. Upon Dryly®'s first request, the customer shall provide the policy of such insurance for inspection

Retention

1. If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
2. Any additional costs resulting from premature or late purchase of products will be borne entirely by the customer.

Complaints

1. The customer must examine a product or service provided by Dryly® for any deficiencies as soon as possible.
2. If a delivered product or provided service does not meet what the customer could reasonably expect from the agreement, the customer must notify Dryly® as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must notify Dryly® no later than 2 months after discovering the deficiencies.
4. The customer shall provide as detailed a description of the shortcoming as possible, so that Dryly® is able to respond adequately.
5. The customer must show that the complaint relates to an agreement between the parties.
6. If a complaint relates to work in progress, this cannot in any case result in Dryly® being held to perform work other than that agreed upon.

Warranty

1. The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
2. The warranty provided on products is void when the product is purchased second-hand.
3. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
5. The warranty for electrical equipment is 6 months, for the underwear and Wizzu toy 3 months

Returns

1. If it is found that a deficiency has occurred then a return can be created.
2. All returns are notified using our digital return form which can be found at https://en.dryly.com/retouren
3. Based on the identified problem, customer service may choose to use photos to determine that a replacement is necessary. This will not require physical shipment.
4. The return of electronic equipment always takes place physically and replacement of the defective product takes place only upon receipt of the defective product.
5. Before shipping a return, we request that you always send the tracking code to us to avoid unforeseen delays.
6. By default, all returns received are processed within 2 business days.
7. Should a shipped return take longer than 5 business days, please always contact us.

Exchange

1. Exchanges are possible only if the following conditions are met:
   1. exchange takes place within 14 days after purchase on presentation of the original invoice
   2. the product is returned in its original packaging or with the original (price) tags still attached
   3. the product has not yet been used
2. Discounted items, non-perishable items such as food, custom-made items or items specially customized for the customer and Underwear cannot be exchanged.

Indemnification

The customer indemnifies Dryly® against all third party claims related to the products and/or services provided by Dryly®.

Notice of default

1. The customer must provide written notice of default to Dryly®.
2. It is the responsibility of the customer that a notice of default actually reaches Dryly® (in a timely manner).

Joint and several liability customer

If Dryly® enters into an agreement with multiple customers, each is jointly and severally liable for the full amounts owed to Dryly® under that agreement.

Liability Dryly®

1. Dryly® shall only be liable for any damage suffered by the customer if and to the extent such damage is caused by intentional or deliberate recklessness.
2. If Dryly® is liable for any damages, it shall only be liable for direct damages arising out of or in connection with the performance of an agreement.
3. Dryly® shall never be liable for indirect damages, such as consequential damages, lost profits, lost savings or damages to third parties.
4. If Dryly® is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Due date

Any right of the customer to compensation from Dryly® expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Right of rescission

1. The customer has the right to dissolve the agreement when Dryly® imputably fails to fulfill its obligations, unless this failure, given its special nature or minor importance, does not justify the dissolution.
2. If the fulfillment of the obligations by Dryly® is not permanently or temporarily impossible, then dissolution can only take place after Dryly® is in default.
3. Dryly® has the right to dissolve the agreement with the customer if the customer does not fulfill his obligations under the agreement in full or in a timely manner, or if Dryly® has knowledge of circumstances that give him good reason to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

1. In addition to the provisions of Article 6:75 of the Civil Code, a shortcoming of Dryly® in the fulfillment of any obligation towards the customer cannot be attributed to Dryly® in a situation independent of Dryly®'s will, which prevents the fulfillment of its obligations towards the customer in whole or in part, or as a result of which the fulfillment of its obligations cannot reasonably be required of Dryly®.
2. The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as 2. 3. 4. 5. 1. 2. 3. 4. 1. 2. 1. 2. 1. 2. The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
3. If a force majeure situation occurs that prevents Dryly® from fulfilling 1 or more obligations to the customer, then those obligations will be suspended until Dryly® can again fulfill them.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind the agreement in writing in whole or in part.
5. In a force majeure situation, Dryly® is not liable for any compensation or damages, even if it enjoys any advantage as a result of the force majeure situation.

Modification of the agreement

If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.

Modification of general terms and conditions

1. Dryly® is entitled to amend or supplement these terms and conditions.
2. Changes of minor importance may be made at any time.
3. Major substantive changes will be discussed by Dryly® with the customer in advance whenever possible.
4. Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.

Transfer of Rights

1. Customer's rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Dryly®.
2. This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code.

Consequences of nullity or voidability

1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
2. Any provision that is void or voidable shall in such case be replaced by a provision that comes closest to what Dryly® intended when drafting the terms and conditions on that point.

Applicable law and competent court

1. Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
2. The Dutch court in the district where Dryly® is located/practicing/offices shall have exclusive jurisdiction over any disputes between the parties, unless otherwise required by mandatory law.

Retrieved August 12, 2019.