The Directive gives Buyers the right to cancel and return any purchase bought from a Professional Seller (indicated by the ‘Pro’ icon next to their name on a lot page), as long as (i) the Buyer doesn’t purchase Lots professionally and (ii) the Buyer lives in a country within the EEA.
The right of withdrawal gives eligible Buyers (‘Consumers’) a ‘cooling-off’ period of 14 days to decide whether they want to keep their purchase. Within the cooling-off period, a Consumer can cancel the purchase without giving a reason for the cancellation. However, we do recommend giving a reason. This gives us a chance to try and solve the problem or prevent the same problem from happening in the future. If you qualify as a Consumer under the Directive, the following is applicable to your purchases:
The start of the 14-day cooling-off period
The cooling-off period starts on the day after you receive the Lot or:
- If the Lot is delivered in more than one shipment or is composed of multiple parts, it will start on the day of the last shipment or the day the last part is delivered.
- For agreements about the regular delivery of Lots during a set term, it will start on the day you received the first Lot.
You can also withdraw your purchase before receiving the Lot.
Your obligations during the cooling-off period
During the cooling-off period, you need to handle the Lot and its packaging with care. You are allowed to evaluate the Lot in a way similar to how you would evaluate it in an offline store.
Handling the Lot with care is very important, because the Seller can hold you liable for any decrease in value beyond what would be caused by this careful handling. Careful handling is defined as only handling the Lot in a way that is acceptable to establish the nature, characteristics, and functioning of the Lot. If the Seller claims your handling has decreased the value of the Lot, we will not mediate this claim. You’ll need to reach a solution directly with the Seller.
Notice of withdrawal
To exercise the right of withdrawal, you must give notice of withdrawal within 14 days of receiving the Lot. To make this easier for you, you can send notice to the Seller via our Online Marketplace. To do so, fill in this form: withdrawal form.
Confirmation of withdrawal request
Once you’ve informed the Seller or us that you want to cancel your purchase, we’ll assess your request. Once we’ve approved your request, we’ll send you the Seller’s return address as soon as possible.
If cancellation under the right of withdrawal is not possible, we’ll explain why the right of withdrawal is not applicable for that particular purchase.
Returning the Lot
The Lot, including 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 Lot in the original condition and packaging.
If the Lot is not returned to the Seller within 14 days of us approving the withdrawal, your right of withdrawal is lost and the Seller will be paid.
If the Lot is returned to the Seller within the 14 days and there are no issues relating to shipping or damage, you’ll be refunded the purchase price and the costs for delivery to you. If the Seller already received payment for that Lot, they will be obliged to reimburse you for the purchase price and the costs for delivery to you.
Costs of return shipping
If you cancel and return a Lot under the right of withdrawal, you will bear the direct costs, risk, and burden of return shipping.
We highly recommend packing the Lot properly and securely, and using insured shipping. This is because, if the Seller can show that the Lot is damaged or lost during return shipping, we are entitled to pay the Seller. 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.
The following products and services that might be offered on our platform are excluded from the right of withdrawal, in accordance with the Directive. This list contains the most relevant products and/or services sold on Catawiki that are excluded by the Directive. You cannot withdraw from the purchase of:
- Products or services which have a price linked to fluctuations in the financial market, over which the Professional Seller has no control and which may occur within the withdrawal period. This includes, but is not limited to, certain gemstones and precious metals, and goods made out of them. For example, diamonds, jewellery made with value-determining diamonds, gold coins, and bullions.
- Products that are manufactured in accordance with your specifications, that are not prefabricated, and that are manufactured for a specific person.
- Products that decay quickly or have a limited shelf life.
- Contracts regarding leisure activities, provided the contract stipulates a specific date or period when the leisure activities need to take place.
- Service contracts regarding accommodation, provided that the contract stipulates a specific date or period for using the accommodation, and provided it is for uses other than residential purposes, the transport of goods, car leasing services, or catering.
- Sealed products that have had their seal broken and that can’t be sent back for health or hygiene reasons.
- Alcoholic beverages that have a value determined by fluctuations in the market over which the Professional Seller has no control, if the price was agreed when you entered into the contract of sale but the beverages can only be delivered to you after 30 days.
- Sealed audio recordings, video recordings, or computer software that have had their seal broken after delivery.
- Newspapers, journals, or magazines, with the exception of subscriptions to them.