Terms and Conditions

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;

2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;

4. Day: calendar day;

5. Digital content: data which are produced and supplied in digital form;

6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a given period;

7. Durable medium: any instrument - including e-mail - that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for a period that is consistent with the purpose for which the information is intended, and which allows for the unchanged reproduction of the stored information;

8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, exclusive or shared use is made of one or more techniques for distance communication;

11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal with regard to his order;

12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same space at the same time.

Article 2 - Identity of the entrepreneur

Entrepreneur name: Dryly B.V.

Registered office address: Ambachtweg 2, 5731 AG Mierlo

Visiting address: Ambachtweg 2, 5731 AG Mierlo

Phone number: (085) 106 03 77, available from 08:30 to 17:00 on business days

Email address: operations@dryly.com

Chamber of Commerce (KvK) number: 74009249

VAT identification number: NL859742192B01

If the entrepreneur's activity is subject to a relevant licensing system: the

details regarding the supervisory authority.

If the entrepreneur practices a regulated profession:

- the professional association or organization to which he is affiliated;

- the professional title, the place in the EU or the European Economic Area where it was awarded;

- a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules are accessible.

Article 3 - Applicability

1. these general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted by electronic means and that they will be sent free of charge by electronic means or otherwise at the consumer's request.

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions stated therein.

2. If the consumer has accepted the offer by electronic means, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the agreement.

3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end.

4. The trader may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds for not concluding the agreement, he is entitled to refuse an order or application or to attach special conditions to its execution, stating his reasons.

5. At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

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

b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing post-purchase service;

d. the price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or execution of the distance contract;

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

f. if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

1. The consumer may rescind an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but not oblige them to state their reason(s).

2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

a. if the consumer has ordered several products in one order: the day on which the consumer, or a third party designated by them, has received the last product. The trader may, provided he has informed the consumer about this in a clear manner prior to the ordering process, refuse an order for several products with a different delivery time.

b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content that is not supplied on a tangible medium:

3. The consumer may terminate a service contract and a contract for the supply of digital content that is not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but is not allowed to require the consumer to state his reason(s).

4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content that is not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.

6. If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months after the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

2. The consumer is only liable for any depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.

3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he shall notify this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.

2. As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

3. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.

6. If the consumer withdraws after first having explicitly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or specified quantity begins during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been performed by the entrepreneur at the moment of withdrawal, compared to the full fulfillment of the obligation.

7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;

b. the consumer has not explicitly requested that the performance of the service or the supply of gas, water, electricity or district heating begins during the cooling-off period.

8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:

a. he has not explicitly agreed to the commencement of the fulfillment of the contract before the end of the cooling-off period prior to the supply thereof;

b. he has not acknowledged losing his right of withdrawal when granting his consent; or

c. the entrepreneur has failed to confirm this statement from the consumer.

9. If the consumer exercises his right of withdrawal, all supplementary agreements are terminated by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

1. If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he shall send an acknowledgment of receipt immediately after receiving this notification.

2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.

3. The entrepreneur uses the same means of payment for reimbursement as the consumer has used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement:

1. Products or services for which the price is tied to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

2. Agreements that are concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the possibility of being personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to take delivery of the products, digital content and/or services;

3. Service agreements, after full performance of the service, but only if:

a. the performance has begun with the express prior consent of the consumer; and

b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;

4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;

5. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;

6. Agreements relating to leisure activities, if a specific date or period of performance is provided for therein;

7. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products that are not suitable for return for reasons of health protection or hygiene and for which the seal has been broken after delivery;

10. Products that, by their nature, are irrevocably mixed with other products after delivery;

11. Alcoholic beverages for which the price was agreed upon at the conclusion of the agreement, but for which the delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;

12. Sealed audio and video recordings and computer software for which the seal has been broken after delivery;

13. Newspapers, journals or magazines, with the exception of subscriptions to these;

14. The delivery of digital content other than on a tangible medium, but only if:

a. the performance has begun with the express prior consent of the consumer; and

b. the consumer has declared that he loses his right of withdrawal herewith.

Article 11 - The price

1. During the validity period mentioned in the offer, the prices of the offered products and/or services are not increased, except for price changes as a result of changes in VAT rates.

2. By way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This linkage to fluctuations and the fact that any stated prices are guide prices are stated with the offer.

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. these are the result of statutory regulations or provisions; or

b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 - Performance of the agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed in the performance of their part of the agreement.

3. An "additional guarantee" is understood to mean every commitment of the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event that they have failed in the performance of their part of the agreement.

Article 13 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. With due observance of what is stated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with competent speed but at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery experiences a delay, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any potential compensation.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination and extension

Termination:

1. The consumer may terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the termination rules agreed upon for this purpose and a notice period of at most one month.

2. The consumer may terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period with due observance of the termination rules agreed upon for this purpose and a notice period of at most one month.

3. The consumer may terminate the agreements mentioned in the previous paragraphs:

- terminate at any time and not be limited to termination at a specific time or in a specific period;

- at least terminate in the same manner as they have been entered into by him;

- always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

4. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.

5. In deviation from the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of at most three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of at most one month.

6. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month. The notice period is at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. An agreement with a limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the end of the trial or introductory period.

Duration:

8. 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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

1. Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.

2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.

3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

4. If the consumer does not fulfill his payment obligation(s) in a timely manner, he is, after having been pointed out by the entrepreneur of the late payment and the entrepreneur having granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, liable to pay the statutory interest on the amount still owed, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the subsequent € 5,000 with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 16 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will answer within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

4. The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement scheme.

Article 17 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Article 18 - 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 they can be stored by the consumer in an accessible manner on a durable medium.

Appendix I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

- To: [ entrepreneur's name]

[ entrepreneur's geographical address]

[ entrepreneur's fax number, if available]

[ entrepreneur's e-mail address or electronic address]

- I/We* hereby give notice that I/we* withdraw from my/our* agreement regarding

the sale of the following products: [product designation]*

the delivery of the following digital content: [digital content designation]*

the performance of the following service: [service designation]*,

withdrawn*

- Ordered on*/received on* [date of order for services or receipt for products]

- [Consumer(s) name]

- [Consumer(s) address]

- [Consumer(s) signature] (only if this form is submitted on paper)

- [Date]

* Strike through what is not applicable or fill in what is applicable.

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Referral to the Disputes Committee

Download European model withdrawal form

General Terms and Conditions

Table of Contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Consumer's obligations during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Entrepreneur's obligations in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and extra guarantee

Article 13 - Delivery and implementation

Article 14 - Duration transactions: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply: