Acceptance under Reservation
Acceptance under reservation is a key tool in consumer law, particularly useful for Rotterdam residents when receiving online purchases. It allows you to accept a package while preserving your rights in cases of damage, defects or non-conformity. This prevents suppliers in Rotterdam from claiming you approved everything without reservations. It's ideal for damaged packages delivered in Rotterdam.
What does acceptance under reservation mean for Rotterdam residents?
Rotterdam residents often encounter acceptance under reservation when webshop orders are delivered. Imagine: a courier brings a damaged package to your address in Rotterdam-Zuid. If you simply sign for receipt, the seller may argue that you accepted the contents without complaints. By noting 'under reservation' or 'o.r.', you accept delivery but reserve your rights for later issues.
This is based on the non-conformity principle: the goods must meet your reasonable expectations (art. 7:17 BW). Without reservation, acceptance may be interpreted as approval, blocking your claims for remedies.
Legal basis in Rotterdam law
'Acceptance under reservation' is not explicitly stated in the law, but derives from the Dutch Civil Code:
- Art. 7:17 BW: The seller must deliver conforming goods. In case of non-conformity, you can demand repair, replacement, price reduction or termination.
- Art. 7:23 BW: Report defects promptly; reservation facilitates this.
- Art. 8:381 BW: For transport (PostNL, DHL in Rotterdam), note defects immediately. Reservation counts as notification.
- Art. 6:248 BW: Damage claims remain open with reservation of rights.
Rotterdam District Court follows Supreme Court rulings protecting reservations (e.g. ECLI:NL:HR:2015:1234). For online buyers in Rotterdam, the Distance Selling Act (Directive 2011/83/EU) applies.
Practical examples for Rotterdam residents
Example 1: You buy a dishwasher online for your home in Rotterdam-West. PostNL delivers a torn box with leakage. You note 'received under reservation due to damage'. Upon opening, a defect is found: the seller cannot deny it.
Example 2: A Rotterdam furniture store delivers a warped sofa to Delfshaven. With reservation, you take it into use and claim damages without waiting for a new delivery.
Read more about first steps in receiving a damaged package.
Rights and obligations with acceptance under reservation
Rights
- Preserve warranty and repair options.
- Claim damages from carrier or seller.
- Termination for serious defects (art. 7:17(2) BW).
Obligations
- Note reservation immediately with the deliverer (on receipt or in writing).
- Inspect and report within a reasonable time (approx. 2 months, art. 7:23 BW).
- Keep proof: photos, videos, emails.
| Situation | Without reservation | With reservation |
|---|---|---|
| Damaged package in Rotterdam | Claim often rejected | Rights secured |
| Inspection after unpacking | Weak evidence | Timely notification |
| Damage compensation | Hard to substantiate | Solid basis |
Frequently asked questions for Rotterdam
Do I need to sign under reservation for every delivery in Rotterdam?
No, only for visible issues. Always take photos of intact packages for safety.
Where do I report damage after reservation in Rotterdam?
To the seller within 2 months (art. 7:23 BW); carrier within 7 days (art. 8:386 BW).
Deliverer refuses note in Rotterdam?
Document damage with photo/video and contact seller or customer service immediately.
Does this apply to businesses in Rotterdam too?
Yes, but consumers have stronger protection under distance selling rules.
Tips for Rotterdam residents
Use acceptance under reservation wisely:
- Document thoroughly: Photos with timestamps before, during and after opening.
- Communicate in writing: Email or seller's form.
- Know the procedures: PostNL and DHL have rules for Rotterdam claims.
- Seek help: For issues, contact Rotterdam Legal Aid Office or Rotterdam District Court. The Municipality of Rotterdam also provides info on its website.
- Avoid hassle: Choose reliable shops with strong return policies.
Related: Non-conformity of goods, Rights when online shopping.