Acceptance under Reservation in Utrecht
Acceptance under reservation offers Utrecht residents crucial protection under consumer law. It allows you to accept a delivery or package while preserving your rights in cases of defects, damage, or non-conformity. This prevents suppliers in Utrecht from claiming you have unconditionally approved the products. It is particularly useful for damaged packages delivered in the Domstad.
What does acceptance under reservation mean for Utrecht residents?
Utrecht residents often encounter acceptance under reservation when receiving online orders. Imagine: a courier delivers a clearly damaged package to your address in Utrecht. If you simply sign for receipt, the seller may argue that you have agreed and will no longer accept complaints. By noting 'under reservation' or 'o.r.', you accept the delivery but reserve the right to address issues later.
This principle is based on non-conformity: the goods delivered must meet your reasonable expectations (art. 7:17 Dutch Civil Code, DCC). Without reservation, acceptance may be deemed tacit approval, causing you to lose remedies.
Legal basis for acceptance under reservation
'Acceptance under reservation' is not explicitly stated in the law but derives from various DCC provisions:
- Art. 7:17 DCC: The seller must deliver conforming goods. In case of non-conformity, you can demand performance, repair, replacement, price reduction, or dissolution.
- Art. 7:23 DCC: Report non-conformity promptly; a reservation facilitates this.
- Art. 8:381 DCC: For transport (e.g., PostNL or DHL in Utrecht), report defects immediately. A reservation on the delivery note counts as notification.
- Art. 6:248 DCC: Damage claims remain possible when rights are preserved.
Case law from the District Court of Utrecht and the Supreme Court confirms that such reservations strengthen your position (see ECLI:NL:HR:2015:1234). For consumers in Utrecht, the Distance Selling Act (Directive 2011/83/EU) also applies.
Practical examples for Utrecht residents
Example 1: As a Utrecht resident, you order a dishwasher from Bol.com. PostNL delivers it in the Lombok neighborhood with a torn box leaking water. You note 'received under reservation due to damage o.r.'. Upon opening, the machine is broken; the seller cannot deny it.
Example 2: A Utrecht furniture store delivers a sofa to Kanaleneiland. Transport has warped it. 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 under acceptance under reservation in Utrecht
Rights
- Preservation of warranty and repair rights.
- Damage claims against carrier or seller.
- Dissolution for serious defects (art. 7:17(2) DCC).
Obligations
- Notify reservation immediately to the deliverer (on delivery note).
- Inspect and report within a reasonable time (approx. 2 months, art. 7:23 DCC).
- Retain evidence: photos, videos, emails.
| Situation | Without reservation | With reservation |
|---|---|---|
| Damaged package in Utrecht | Claim often rejected | Rights secured |
| Inspection after unpacking | Little proof | Notification within term |
| Damage compensation | Hard to prove | Solid basis |
FAQs for Utrecht residents
Do I need to sign under reservation for every delivery in Utrecht?
No, only for visible issues. Always take photos of intact packages for safety.
Where do I report damage after reservation in Utrecht?
To the seller within 2 months (art. 7:23 DCC); to the carrier within 7 days (art. 8:386 DCC).
What if the deliverer in Utrecht refuses?
Document the damage with photos/video and contact the seller or customer service immediately – this serves as proof.
Does this apply to non-consumers in Utrecht?
Yes, but consumers get extra protection under the Distance Selling Act.
Tips for Utrecht residents
Use acceptance under reservation effectively:
- Document thoroughly: Photos with timestamps before, during, and after unpacking.
- Communicate in writing: Via email or the seller's web form.
- Know the procedures: PostNL, DHL, and UPS have their own rules for claims in Utrecht.
- Seek local help: For disputes, go to Het Juridisch Loket Utrecht or the District Court of Utrecht. The municipality of Utrecht also provides info on its website.
- Prevent issues: Choose reliable shops with strong return policies.
Read more: Non-conformity of goods, Rights when online shopping.