If you’re a consumer and based in the European Union (EU), European Economic Area (EEA) or United Kingdom (UK), you may benefit from certain consumer rights when you buy objects from professional sellers. This usually also includes buying from professional sellers based outside of the EU/EEA or UK. These rights for online purchases are sometimes referred to as ‘distance selling laws’.
Please note these consumer protection rights have certain conditions, and exclusions apply. Please also be aware that these consumer rights don’t apply if you buy object(s) from Private Sellers.
This Policy is not a comprehensive list of all consumer rights that may apply to you as a consumer on our online marketplace. It aims to inform you about some important rights granted to you under EU and UK consumer rights laws, such as for example the EU Directive on Consumer Rights. We have simplified the rules to make them easier to understand.
When am I a Consumer? For the purposes of this Policy, you’re a Consumer if:
You are a natural person (i.e. an individual); and
You’re buying objects on Catawiki’s online marketplace for purposes outside of your trade, business, craft, or profession; and
You’re a citizen of the EU/EEA or the UK.
Any reference to consumer(s) in this Policy shall mean a Consumer unless indicated otherwise.
What is a Professional Seller? Professional sellers are natural or legal persons (i.e. companies) that are selling on Catawiki for purposes relating to their trade, business, craft, or profession. We indicate professional sellers using a ‘Pro’ icon next to a seller's name on an object page. Any reference to (professional) seller(s) in this Policy shall mean a Professional Seller unless indicated otherwise. Read more about Professional Sellers in our Professional Seller Policy.
What is a Private Seller? Conversely, Private Sellers are natural persons selling on Catawiki for purposes outside of their trade, profession, or business. We indicate Private Sellers using a ‘Private’ icon next to a seller's name on an object page.
Right of withdrawal
The purpose of our withdrawal policy is to explain the right of withdrawal for our EU/EEA and UK consumers. We are providing this information on behalf of all professional sellers who use our online marketplace to sell their special objects to consumers in the EU/EEA and the UK.
Requesting withdrawal from your purchase
In accordance with EU and UK consumer laws, as a consumer buying from a professional seller, you have the right to withdraw from your purchase, without providing any reason, within 14 days of receiving the object. These 14 days are called the ‘cooling-off period’.
You must let us know if you want to withdraw from your purchase within this 14-day period. And although you don’t need to give a reason, we recommend and appreciate it if you do. This gives our sellers and us a chance to try and solve any issue or prevent the same issue from happening in the future.
The right of withdrawal gives you the right to withdraw from most purchases, but some exclusions apply (see below).
Confirmation of withdrawal request
Once you’ve informed us that you want to withdraw your purchase, we’ll assess your request. If we approve your request, we’ll send you the seller’s return address as soon as possible. If withdrawal from the purchase is not possible, we’ll always explain why.
How a withdrawal request works
As stated above, certain criteria and exclusions apply to the right of withdrawal. We recommend you read the below carefully to understand what applies to your purchase and how to proceed.
The start of the 14-day cooling-off period
The cooling-off period starts on the day after you have received your object or:
If the object is delivered in more than one shipment, on the day of receipt of the final package; or
For agreements about the regular delivery of objects during a set term, it will start on the day you received the first object.
Your obligations during the cooling-off period
Once you’ve received the special object, during the cooling-off you have the right to examine it to establish the nature, characteristics, and functioning of the object. These examinations should take place under conditions comparable to those in an offline store. For example, if you purchased a classic car, you can examine it by taking it for a small test drive as you would when buying from a garage, but you cannot drive it to your vacation destination.
While the object is in your possession, please take excellent care of the special object and any special packaging it was shipped or transported in. Most special objects are vulnerable and if not treated with respect, its value might be diminished. Handling the object with care is very important,
because the seller can hold you liable for any decrease in value.
If the seller claims your handling has decreased the value of the object, we
expect both parties to come to a solution amongst themselves and we will not mediate this claim.
Returning the order
The object, including (where applicable) all related accessories that were delivered with it, must be returned to the seller within 14 days of us approving your request. If possible, you should return the object in its original condition and packaging.
If the object is not returned to the seller within 14 days of us approving the withdrawal request, your withdrawal request is reversed and the seller will be paid out.
Refund of purchase price
If the object is returned to the seller within 14 days of our approval of your request and the object reaches the Seller in the same condition as you initially received it, you’ll be refunded the Purchase Price as well as the costs for initial delivery to you.
If the object is returned to the seller within the 14 days and the object has diminished in value as a result of its handling beyond what is allowed for proper examination of the object, you will be liable for any diminished value of the object towards the Seller. We will either request you to pay this amount directly to the seller or we can deduct this amount from the purchase price refunded to you.
Refund of shipping and other costs
The seller is only required to refund the basic shipping or transportation costs of the initial delivery. Supplementary costs of the initial shipping as a result of any additional shipping options requested by you (for example, insured or expedited shipping) do not have to be refunded by the Seller. Furthermore, you will be responsible for any non-reclaimable fees (for example, import taxes, custom duties and other fees, if applicable) related to your purchase that might be imposed by any destination country in relation to the initial shipping or transport. You will also be responsible for return shipping or transport of the object.
We highly recommend packaging the object properly and securely for return shipping and transport and that you use insured shipping or transport. You are fully responsible and liable towards the seller if the object is damaged or lost during return shipping or transport. If this happens, you will need to (i) contact the seller directly to arrange any (partial) refund and/or (ii) contact the shipping company to claim damages. In such event we are entitled to pay out the seller for the purchase.
Excluded objects from the right of withdrawal
The below categories of objects that might be offered on our online marketplace are - in line with EU and UK consumer laws - excluded from the right of withdrawal.
Objects which have a price linked to fluctuations in the financial market, which the seller has no control over and which may occur within the moment between purchasing the object and the last day of the cooling-off period. For example, gold and silver bullions.
Objects that are manufactured in accordance with your specifications, that are not prefabricated, and that are manufactured or adjusted specifically for you.
Objects that decay quickly. For example, bonsai trees.
Sealed audio recordings, video recordings, or computer software that have had their seal broken after delivery.
Legal guarantee of conformity
If you are consumer for the purposes of this Policy and you have purchased an object from a professional seller on our online marketplace, you might benefit from a legal warranty with a minimum of 1 (one) year for an object/objects that is/are not as described or defective (and not indicated as such by the Seller). Please be aware that this right comes with certain requirements and limitations depending on your country of residence.
In accordance with EU and UK consumer laws, professional sellers must provide prospective buyers with specific information before entering into a Contract of Sale. This information includes for example the main characteristics of the object and any specific delivery arrangements. Catawiki helps provide this information on our online marketplace, however, the responsibility of the accuracy of information provided in the first instance is from our sellers.