Acceptance Subject to Reservation
Acceptance subject to reservation offers Amsterdam residents crucial protection under consumer law. It allows you to accept a package or shipment while preserving your rights in cases of defects, damage, or non-conformity. This prevents suppliers in the bustling capital from claiming you approved everything without reservations. It's particularly useful for damaged packages in the city.
What does acceptance subject to reservation mean for Amsterdam?
Amsterdam residents often encounter acceptance subject to reservation when webshop orders are delivered. Imagine: a courier brings a package to your address in the Jordaan, and the packaging is visibly damaged. A simple signature for 'receipt' can lead to disputes with the seller, who claims you agreed. By signing 'subject to reservation' or 's.r.', you accept delivery but reserve the right to complain about potential issues.
This is based on the non-conformity principle: the goods delivered must meet your reasonable expectations (art. 7:17 BW). Without reservation, acceptance may be interpreted as tacit approval, blocking your claims for remedies.
Legal basis for acceptance subject to reservation
'Acceptance subject to reservation' is not explicitly stated in the law but derives from various articles in the Dutch Civil Code:
- Art. 7:17 BW: Seller must deliver conforming goods. In case of non-conformity, you can demand repair, replacement, price reduction, or contract dissolution.
- Art. 7:23 BW: Report defects promptly; reservation simplifies this.
- Art. 8:381 BW: For transport by PostNL or DHL in Amsterdam, damage must be reported immediately. A reservation note counts as immediate notice.
- Art. 6:248 BW: Damage claims remain open if rights are preserved.
Case law, including rulings from the Amsterdam District Court and the Supreme Court, confirms that reservations strengthen your position (see ECLI:NL:HR:2015:1234). Consumers in Amsterdam also benefit from the Distance Selling Act (Directive 2011/83/EU).
Practical examples for Amsterdam residents
Example 1: You order a coffee machine from an online store for your apartment in De Pijp. PostNL delivers it in a wet, torn box. You note 'received subject to reservation for damage s.r.'. Upon opening, it's defective: the seller cannot dismiss your complaint.
Example 2: A local furniture store delivers a cabinet to Oost. Transport has warped it. With reservation, you take it in use and claim repair without waiting for a new delivery.
Read more about first steps in receiving a damaged package.
Rights and obligations under acceptance subject to reservation
Rights
- Preservation of warranty and repair rights.
- Claim damages from carrier or seller.
- Contract dissolution for serious defects (art. 7:17(2) BW).
Obligations
- Note the reservation immediately on the delivery receipt with the courier.
- Inspect and report within a reasonable time (often 2 months, art. 7:23 BW).
- Secure evidence: photos, videos, and emails.
| Situation | Without reservation | With reservation |
|---|---|---|
| Damaged package in AMS | Claim often rejected | Rights preserved |
| Inspection after unpacking | Weak evidence | Timely notice |
| Damage compensation | Hard to prove | Solid legal framework |
Frequently asked questions
Do I always need to sign subject to reservation in Amsterdam?
No, only for visible issues or doubts. Always take photos of every delivery for safety.
Where do I report damage after reservation?
To the seller within 2 months (art. 7:23 BW); to the carrier within 7 days (art. 8:386 BW).
Courier refuses the note?
Document the damage with photos/videos and call the seller or customer service immediately – that serves as evidence.
Does this apply to non-consumers in AMS?
Yes, but consumers get extra protections under the Distance Selling Act.
Tips for Amsterdam residents
Maximize acceptance subject to reservation:
- Document thoroughly: Photos with timestamps before, during, and after opening.
- Communicate in writing: Via email or the shop's form.
- Know the procedures: PostNL, DHL, and UPS have their own claim rules in the area.
- Seek help: For disputes, contact the Amsterdam Legal Aid Office or Amsterdam District Court. The City of Amsterdam also provides info on their website.
- Avoid hassle: Choose shops with solid reviews and return policies.
Read also: Non-conformity of goods, Rights when shopping online.