1. All prices used by Dicks Don’t Lie are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

2. Dicks Don’t Lie is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 

3. Increases in the cost prices of products or parts thereof, which Dicks Don’t Lie could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 

4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

 

Samples / models 

If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

 

Consequences of late payment

 

Right of recovery of goods 

1. As soon as the customer is in default, Dicks Don’t Lie is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

2. Dicks Don’t Lie invokes the right of recovery by means of a written or electronic announcement.

3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Dicks Don’t Lie, unless the parties agree to make other arrangements about this. 

4. The costs for the collection or return of the products are at the expense of the customer.

 

Right of cancellation 

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that

• • the product has not been used

  • it is not a product that can spoil quickly, like food or flowers

  • the product is not specially tailored for the consumer or adapted to its special needs

  • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)

  • the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)

  • the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,

  • the product is not a separate magazine or a loose newspaper

  • the purchase does not concern an (assignment to) urgent repair

  • the consumer has not renounced his right of cancellation

2. The reflection period of 14 days as referred to in paragraph 1 commences:

   • on the day after the consumer has received the last product or part of 1 order

   • as soon as the consumer has received the first the product of a subscription

   • as soon as the consumer has purchased a service for the first time

   • as soon as the consumer has confirmed the purchase of digital content via the internet

3. The consumer can notify his right of cancellation via service@dicksdontlie.com, if desired by using the withdrawal form that can be downloaded via the website of Dicks Don’t Lie, www.dicksdontlie.com.

4. The consumer is obliged to return the product to Dicks Don’t Lie within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse. 

5. The costs for return are due Dicks Don’t Lie if the complete order is returned.

6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Dicks Don’t Liewill refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Dicks Don’t Lie in time.

 

Right of retention 

1. Dicks Don’t Lie can appeal to his right of retention of title and in that case retain the products sold by Dicks Don’t Lie to the customer until the customer has paid all outstanding invoices with regard to Dicks Don’t Lie, unless the customer has provided sufficient security for these payments. 

2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Dicks Don’t Lie.

3. Dicks Don’t Lie is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

 

Retention of title 

1. Dicks Don’t Lie remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Dicks Don’t Lie under whatever agreement with Dicks Don’t Lie including of claims regarding the shortcomings in the performance.

2. Until then, Dicks Don’t Lie can invoke its retention of title and take back the goods. 

3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 

4. If Dicks Don’t Lie invokes its retention of title, the agreement will be dissolved and Dicks Don’t Lie has the right to claim compensation, lost profits and interest.

 

Delivery 

1. Delivery takes place while stocks last.

2. Delivery takes place at Dicks Don’t Lie unless the parties have agreed upon otherwise.

3. Delivery of products ordered online takes place at the address indicated by the customer. 

4. If the agreed price is not paid on time, Dicks Don’t Lie has the right to suspend its obligations until the agreed price is fully paid. 

5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Dicks Don’t Lie.

 

Delivery period

1. Any delivery period specified by Dicks Don’t Lie is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Dicks Don’t Lie. 

3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Dicks Don’t Liecannot deliver within [number of days late] or if the parties have agreed upon otherwise.

 

Actual delivery

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

 

Transport costs 

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

 

Packaging and shipping 

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Dicks Don’t Lie may not be held liable for any damage.

2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Dicks Don’t Lie, failing which Dicks Don’t Lie cannot be held liable for any damage. 

 

Storage 

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.

2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.  

 

Exchange

1. Exchange is only possible if the following conditions are met:

• exchange takes place within 30 days after purchase upon presentation of the original invoice

• the product is returned in the original packaging or with the original (price) tags still attached to it 

• the product has not been used

2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer and weared clothes cannot be exchanged.

1. The customer must examine a product or service provided by Dicks Don’t Lie as soon as possible for possible shortcomings.

2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Dicks Don’t Lie of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 

3. Consumers must inform Dicks Don’t Lie of this within two months after detection of the shortcomings.

4. The customer gives a detailed description as possible of the shortcomings, so that Dicks Don’t Lie is able to respond adequately. 

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this can in any case not lead to Dicks Don’t Lie being forced to perform other work than has been agreed.

 

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.