Acceptance Under Reservation
Acceptance under reservation provides Tilburg consumers with crucial protection under sales law. You accept a package or shipment but explicitly retain your rights in cases of damage, defects, or non-conformity. This prevents suppliers in the Tilburg region from claiming you approved everything without reservations, especially for damaged packages delivered in the municipality of Tilburg.
What Does Acceptance Under Reservation Mean for Tilburg Residents?
Tilburg residents often encounter acceptance under reservation with online orders delivered by couriers like PostNL in the city. Imagine: a visibly damaged package arrives at your home in the Oud-Zuid neighborhood. A simple signature for 'receipt' could later allow the seller to claim you accepted it without complaints. By signing 'under reservation' or 'subject to damage,' you accept delivery but reserve your options for later 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, potentially causing you to lose your claims at the Zeeland-West-Brabant District Court in Breda.
Legal Basis for Buyers in Tilburg
'Acceptance under reservation' is not explicitly stated in the law but derives from the Dutch Civil Code:
- Art. 7:17 BW: Seller must deliver conforming goods; non-conformity allows repair, replacement, or dissolution.
- Art. 7:23 BW: Report defects promptly; reservation facilitates this for Tilburg residents.
- Art. 8:381 BW: For transport (PostNL, DHL), report defects immediately; a reservation on the delivery note counts as notification.
- Art. 6:248 BW: Damage claims remain possible if rights are preserved.
Supreme Court rulings support this (e.g., ECLI:NL:HR:2015:1234). For Tilburg, the Distance Selling Act (Directive 2011/83/EU) also applies, with additional local support via Juridisch Loket Tilburg.
Examples from Everyday Life in Tilburg
Example 1: You buy a washing machine from an online store for delivery in Tilburg. PostNL delivers a torn box with leakage. You note 'received under reservation for damage.' Upon opening, a defect is found: the seller cannot dismiss it as tacit acceptance.
Example 2: A local furniture store in Tilburg delivers a warped cabinet. Without reservation, you must refuse and wait, with risks. With reservation, you take possession and claim damages from the carrier.
Read more about first steps in damaged package received.
Rights and Obligations for Tilburg Residents
Rights
- Retention of warranty and repair rights.
- Claim damages from seller or carrier.
- Dissolution for serious defects (art. 7:17(2) BW), to be handled at Zeeland-West-Brabant District Court.
Obligations
- Note reservation immediately with the deliverer (on paper or digitally).
- Inspect and report within a reasonable time (often 2 months, art. 7:23 BW).
- Preserve evidence: photos, videos, and emails.
| Situation | Without Reservation | With Reservation |
|---|---|---|
| Damaged package in Tilburg | Claim often rejected | Rights preserved |
| Inspection after unpacking | Weak evidence | Timely notification |
| Damage from carrier | Hard to substantiate | Solid basis |
Frequently Asked Questions for Tilburg
Must I sign under reservation for every delivery in Tilburg?
No, only for visible issues. Always take photos of every delivery in the municipality of Tilburg as evidence.
Where do I report damage after reservation?
To the seller within 2 months (art. 7:23 BW); carrier within 7 days (art. 8:386 BW). Start at Juridisch Loket Tilburg.
Deliverer refuses reservation in Tilburg?
Film the damage and contact the seller or customer service immediately. This serves as valid evidence.
Does this apply to non-consumers in Tilburg?
Yes, but consumers benefit extra from distance selling rules.
Tips for Consumers in Tilburg
Use acceptance under reservation wisely:
- Document thoroughly: Photos with timestamps before, during, and after opening.
- Report in writing: Via email or the seller's portal.
- Know the procedures: PostNL, DHL, or UPS have their own claim rules for Tilburg.
- Seek local help: For issues, go to Juridisch Loket Tilburg or Zeeland-West-Brabant District Court (Breda). The municipality of Tilburg also offers advice.
- Avoid hassle: Choose reliable sellers with clear return policies.
Related: Non-conformity of goods, Rights when shopping online.