Acceptance under Reservation in Delft
Acceptance under reservation provides Delft residents with an essential tool in consumer law. It allows you to accept a delivery or package while preserving your rights in case of defects, damage, or non-conformity. This prevents suppliers in Delft from claiming that you have unconditionally approved the products, especially with damaged packages that often occur due to busy deliveries around TU Delft.
What does acceptance under reservation mean for Delft residents?
Delft residents frequently encounter acceptance under reservation with online purchases. Imagine a courier delivering a damaged package to your home in the city center. A simple signature for 'receipt' can later lead to disputes with the seller, who claims you agreed. By signing 'under reservation' or 's.r.', you accept the delivery but immediately flag potential issues.
This is based on the non-conformity principle: the purchase must meet your reasonable expectations (art. 7:17 BW). Without reservation, acceptance may be interpreted as approval, causing you to lose remedies – a risk for many students and residents in Delft.
Legal basis for Delft
'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; non-conformity provides options such as repair, replacement, or dissolution.
- Art. 7:23 BW: Report defects promptly; reservation simplifies this.
- Art. 8:381 BW: For transport (PostNL, DHL), report immediately; reservation on the delivery note counts as notification.
- Art. 6:248 BW: Damage claims remain open with reservation.
Case law from the District Court of The Hague confirms this: explicit reservations protect your position (see ECLI:NL:RBDHA:2020:5678). For consumers in Delft, the Distance Selling Act (Directive 2011/83/EU) also applies.
Practical examples for Delft residents
Example 1: You buy a laptop online for your studies at TU Delft. PostNL delivers a wet box. You sign 'under reservation for water damage'. At home, it's defective: the seller must now act.
Example 2: A local furniture store delivers a cabinet to your terraced house in Delft. Transport damage? With reservation, you take possession and claim repair without delay.
Read more about first steps in receiving a damaged package.
Rights and obligations in Delft
Rights
- Preservation of warranty and repair rights.
- Claim damages from carrier or seller.
- Dissolution for serious defects (art. 7:17(2) BW).
Obligations
- Report reservation immediately to the delivery person, ideally in writing.
- Inspect within a reasonable time and report (up to 2 months, art. 7:23 BW).
- Keep proof: photos, videos, emails.
| Situation | Without reservation | With reservation |
|---|---|---|
| Damaged package in Delft | Claim often rejected | Rights secured |
| Inspection after unpacking | Weak evidence | Notification guaranteed |
| Damage compensation | Complex | Solid basis |
Frequently asked questions for Delft
Do I always need to sign under reservation in Delft?
No, not for undamaged boxes. But always take photos, especially on busy streets.
Where to report in Delft after reservation?
To the seller within 2 months (art. 7:23 BW); carrier within 7 days (art. 8:386 BW).
Delivery person refuses notation?
Take images of the damage and call the seller immediately. Evidence counts at the District Court of The Hague.
Does this apply to non-consumers in Delft?
Yes, but consumers have more protection under distance selling rules.
Tips for Delft residents
Use acceptance under reservation wisely:
- Document thoroughly: Photos with timestamps before, during, and after.
- Communicate in writing: Email the seller or use Municipality of Delft advice for local tips.
- Know the procedures: PostNL/DHL rules apply throughout Delft.
- Seek help: In disputes, contact Juridisch Loket Delft or District Court of The Hague. They advise for free.
- Prevent issues: Check reviews and return policies.
Read more: Non-conformity of goods, Online purchase rights.