Acceptance Subject to Reservation
Acceptance subject to reservation provides crucial protection under consumer law, particularly relevant for residents of Den Haag who shop online. You accept a package or shipment but explicitly reserve your rights in cases of damage, defects, or non-conformity. This prevents suppliers in Den Haag from claiming you approved everything without reservations, for example with damaged packages from PostNL or DHL.
What Does Acceptance Subject to Reservation Mean for Den Haag?
In Den Haag, many residents encounter this when webshop orders are delivered. Imagine: a courier brings a damaged package to your address in the Schilderswijk or Centrum. A simple signature for 'receipt' can lead to disputes with the seller. By signing 'subject to reservation' or 'o.v.r.', you accept delivery but flag potential issues, in line with Den Haag's direct approach.
This is based on non-conformity: the purchase must meet your reasonable expectations (art. 7:17 BW). Without reservation, acceptance may count as approval, making claims at the Den Haag District Court more difficult.
Legal Basis for Acceptance Subject to Reservation
'Acceptance subject to 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; non-conformity allows remedies such as repair or dissolution.
- Art. 7:23 BW: Report defects promptly; a reservation simplifies this.
- Art. 8:381 BW: For transport (PostNL, DHL), report immediately; a reservation counts as notification.
- Art. 6:248 BW: Damage claims remain open with a reservation.
The Den Haag District Court follows Supreme Court rulings that protect reservations (e.g., ECLI:NL:HR:2015:1234). Consumers also benefit from the Distance Selling Act.
Practical Examples for Residents of Den Haag
Example 1: You buy a TV from a Den Haag webshop like Bol.com. Upon delivery in Transvaal, the packaging is wet and torn. You note 'subject to reservation for damage'. After opening, it's defective: the seller must now act.
Example 2: A local furniture store in the Binckhorst delivers a cabinet with transport damage. With a reservation, you take it into use and claim repair without extra waiting time.
Read more about first steps in receiving a damaged package.
Rights and Obligations with Acceptance Subject to Reservation
Rights
- Retention of warranty and repair rights.
- Damage claims against seller or carrier.
- Dissolution for serious defects (art. 7:17(2) BW).
Obligations
- State the reservation immediately on the delivery note.
- Inspect within a reasonable time and report (up to 2 months, art. 7:23 BW).
- Keep proof: photos, emails.
| Situation | Without Reservation | With Reservation |
|---|---|---|
| Damaged package in Den Haag | Claims often rejected | Rights secured |
| Inspection after unpacking | Weak evidence | Notification guaranteed |
| Damage at Den Haag District Court | Hard to substantiate | Solid basis |
Frequently Asked Questions
Do I need to sign subject to reservation for every delivery in Den Haag?
No, only for visible damage. Always take photos for your records.
Where do I report damage after a reservation?
To the seller within 2 months (art. 7:23 BW); to the carrier within 7 days (art. 8:386 BW).
What if the courier refuses?
Document with video and call the seller immediately. Proof is key at the Den Haag District Court.
Does this apply to businesses in Den Haag?
Yes, but consumers have extra protections under distance selling rules.
Tips for Residents of Den Haag
Maximize acceptance subject to reservation:
- Document thoroughly: Photos with timestamps before, during, and after.
- Communicate in writing: Email the seller.
- Know the procedures: PostNL and DHL have depots in Den Haag with specific rules.
- Seek local help: For disputes, go to Juridisch Loket Den Haag or Den Haag District Court. The Municipality of Den Haag also provides info on their website.
- Avoid hassle: Check reviews of Den Haag sellers.
Read more: Non-conformity of goods, Rights when shopping online.
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