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 – Costs in case of withdrawal
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal.
Article 11 – The price
Article 12 – Conformity and warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes.
Article 18 – Additional or different provisions

Article 1 – Definitions. 
In these terms and conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
9. Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Jootjes Haakcadeautjes;

Achtersloot 22
3401 NW
IJsselstein;

Webshop only; Address for pickup.

Phone number: 06-28795090; available via whatsapp only (call back request).
Email address: [email protected]
Chamber of Commerce number: 70118272
Btw-identificatienummer: NL002277960B62

Article 3 – Applicability.

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, notwithstanding 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 electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
   Situations not covered by these general terms and conditions are to be assessed “in the spirit” of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions are to be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
   The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images accompanying products are a true representation of the products offered. Operator cannot guarantee that the displayed colors exactly match the true colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
   – the price including taxes;
   – the cost of shipping, if any;
   – The manner in which the agreement will be established and what actions are necessary to do so;
   Whether or not the right of withdrawal applies;
   – the method of payment, delivery and performance of the agreement;

Article 5 – The Agreement

1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer’s acceptance of the offer and fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is established electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
   The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
   a. the visiting address of the trader’s office to which the consumer can address complaints;
   b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
   c. the information about warranties and existing service after purchase;
   d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
   e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
   In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
5. The entrepreneur has built up his own unique color file with many of his own production colors. In addition, the entrepreneur has an extensive file of his own unique prints and proprietary designs, which are also registered with the European Intellectual Property Organization (EUIPO). Customers are expected to respect the intellectual property rights for these materials as established by law. Passing on colors, materials and products to other parties, as well as collaborating in / being part of, copying our products will result in an immediate ban/blocking from the store. You are no longer welcome as a customer, orders from the webshop will be cancelled and refunded immediately. In doing so, other appropriate legal action will be taken against you, the consumer and the copying party.

Article 6 – Right of withdrawal 

For products:

Consumers can dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The operator may ask the consumer about the reason for withdrawal, but may not require the consumer to provide his reason(s). The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:

1. if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery times;
2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
   c. for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.
3. Business purchase is not consumer purchase as referred to in this article and is not subject to the right of withdrawal. Business returns are possible however by mutual agreement and within reason. This as orders increase in size and involve more labor to specifically assemble or return them. We are always available in advance for advice and assistance with product selection. Of course, in case of unexpected damage to the product discovered upon receipt, as with consumer purchases, the cost of return is for the sender (Jootjes Haakcadeautjes). For other forms of returns, the cost is for the business customer (the buyer).

For services and digital content not delivered on a tangible medium:

4. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal,but may not oblige the consumer to give his reason(s).
5. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about right of withdrawal:

6. 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 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
7. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within 12 months after the effective 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 reflection period

1. During the cooling-off period, the consumer will handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to determine the nature, characteristics and operation of the product. The premise here is that the consumer may only handle and inspect the product as he would be permitted to do in a retail store.
2. The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on 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 the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer will 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 burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct cost of returning the product. If the trader has not notified the consumer that the consumer must bear these costs or if the trader indicates that the consumer will bear the costs himself, the consumer does not have to bear the cost of return shipment.
6. If the consumer withdraws after having first expressly 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 certain quantity begin during the withdrawal period, the consumer shall owe the entrepreneur an amount proportional to that part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the commitment.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
8. the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
9. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
10. The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:
11. he has not expressly agreed, prior to its delivery, to begin performance of the contract before the end of the cooling-off period;
12. he has not acknowledged losing his right of withdrawal when giving his consent; or
13. the entrepreneur has failed to confirm this statement by the consumer.
14. If the consumer exercises his right of withdrawal, all additional contracts are dissolved by operation of law.

Article 9 – obligations of the entrepreneur in the event of withdrawal

1. If the trader enables the consumer’s notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay 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 him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. Jootjes Haakcadeautjes uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
4. If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal. 
The Entrepreneur may exclude the following products and services from the right of withdrawal, but only if the Entrepreneur stated this clearly with the offer, at least in time for the conclusion of the contract:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period
2. Contracts concluded at a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
4. the performance has begun with the express prior consent of the consumer; and
5. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
6. Service contracts for provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transportation of goods, car rental services and catering;
7. Contracts related to leisure activities, if the contract provides for a specific date or period of performance thereof;
8. Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
9. Products that spoil quickly or have a limited shelf life;
10. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
11. Products that after delivery are by their nature irrevocably mixed with other products;
12. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose 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;
13. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
14. Newspapers, magazines or journals, excluding subscriptions thereto;
15. The provision of digital content other than on a tangible medium, but only if:
16. performance has begun with the express prior consent of the consumer;
17. and the consumer has declared that he thereby forfeits his right of withdrawal.
18. See exceptions and business purchase information in Article 6-3.

Article 11 – 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 due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
   a. they are the result of statutory regulations or provisions; or
   b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
   5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations 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. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   a. The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
   b. The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
   c. The inadequacy results in whole or in part from regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 13 – Delivery and execution 

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when evaluating requests for the provision of services. The place of delivery is the address that the consumer has made known to the company.
2. If the delivery service is unable to deliver the package to the consumer due to the consumer’s fault (for example, by entering a wrong address or not being home at the agreed time), the costs arising from resending the package will be charged to the consumer. This amount will be equal to the shipping costs that would initially be charged for the specified delivery location, the cancellation of shipping costs at a certain order amount is no longer applicable in this situation.
3. Subject to what is stated in Article 4, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without cost. The consumer is not entitled to compensation.
4. All delivery dates are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation. In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution. The entrepreneur states that orders placed before 4 p.m. will still be shipped the same day. This is with the exception of force majeure situations such as but not limited to power outage, internet outage, illness, natural phenomenon, postal failure to process and the like. For orders with an order value of over 500 euros, it is possible that it may take one more business day for the shipment to arrive.
5. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, clear and understandable notice will be given that a replacement item is being delivered. Replacement items cannot exclude the right of withdrawal. The cost of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
7. Entrepreneur offers a variety of insured shipping options combined with track and trace (Letterbox package, package shipping and international shipping). The mailbox shipping method is offered because of emphatic insistence by the consumer. This is so that for smaller shipments, consumers can choose a cheaper shipping method. However, this shipping method has a greater risk of losing the shipment. Therefore, if the consumer chooses this method of shipment, the consumer himself will bear the risks of any loss of the shipment. However, the entrepreneur expressly declares that this form of shipment is not a standard form of shipment and is therefore excluded from insurance. If the shipment does not arrive by the method of letterbox shipping, the consumer is excluded from compensation for both the products in the order and the shipping costs.
8. When shipping by track and trace, the consumer receives an email from the entrepreneur with the track and trace information. This email can sometimes end up in spam/unwanted folder. The consumer agrees to keep their own attention that they have received the track and trace information in good order and otherwise contact the entrepreneur.
9. If a shipment is indicated as delivered according to the track and trace information, the consumer will check a.s.a.p. whether the package may have been delivered to one of his or her neighbors. If not, delivery of the shipment will usually take place within two days at the latest. If delivery of the shipment fails to reach both the consumer and the neighbors, the consumer must contact the entrepreneur no later than 5 working days after notification of delivery by the carrier. If the consumer does not contact us until later than 5 business days after a delivery confirmation, the order will be excluded from insurance because the entrepreneur can no longer claim insurance from the carrier either.

Article 14 – Duration Transactions: Termination, Renewal, Duration and Modification of Order 

Termination

1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:
   cancel at any time and not be limited to cancellation at a particular time or period;
   – terminate at least in the same manner as they were entered into by him;
   – always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension 

1. An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
2. A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
3. A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Change order
After the order is placed, it is possible to change it until the time of shipment. Once the order is shipped, modification is no longer possible.

Article 15 – Payment

1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins  on the day after the consumer receives the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never require consumers to pay more than 50% in advance. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
4. If the consumer does not timely fulfill his payment obligation(s), he is, after he has been pointed out by the entrepreneur to the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, on the amount still owed, the consumer owes the legal interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs shall not exceed: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000 with a minimum of € 40. The entrepreneur may deviate from the mentioned amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. The date of receipt of a complaint is established by sending an acknowledgment of receipt of the complaint from the entrepreneur. If a complaint requires a foreseeably longer processing time, the operator will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 17 – Disputes.
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer is resident abroad.
The Vienna Sales Convention does not apply.

Article 18 – Additional or different provisions
Additional provisions or provisions deviating from these general 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 data carrier.