The availability of our Services is restricted to a number of countries. Find a list of supported countries here.
These Buyer Terms also outline your rights and obligations under the Contract of Sale you enter into with Sellers. In our Seller Terms, you can find the rights and obligations of Sellers under the Contract of Sale.
Article 1: Purchasing Lots
It’s great that you’re interested in purchasing Lots on our Online Marketplace! Before using our Services, make sure you’re aware of the following:
- The Buyer and the Seller of a Lot enter into a Contract of Sale. If your Bid is the highest at the end of the Online Auction, you’ll be considered the Buyer and you’ll automatically enter into a Contract of Sale with the Seller of the Lot. However, if the Seller set a Reserve Price and your Bid is lower than the Reserve Price, there will be no Contract of Sale.
- We charge a fee for your use of our Services. The Buyer Commission is 9% of the Purchase Price (inclusive of VAT if applicable). This will be added to the Purchase Price.
- Buyers have to pay transport costs and any additional import costs (e.g. VAT, import levies). You also acknowledge and accept that you are responsible for checking if there is any specific rule or restriction applicable to the import of an object into your country.
Article 2: Paying for Lots
If you have won a Lot and your Bid reached the Reserve Price, you can call yourself the proud Buyer of that Lot. The next step is to pay for it in accordance with our instructions. Below you will find our payment rules.
- After winning your Lot, you need to pay within three (3) days. Within three (3) days from the end of the Online Auction, you are required to pay (i) the Purchase Price and transport costs (if applicable) to the Seller and (ii) the Buyer’s Commission to us. The specified payment period will never be regarded as a statutory limit. This means a notice of default is required before the Seller can dissolve the Contract of Sale due to your failure to pay. You must ensure that the Seller receives the full Purchase Price amount and we receive the full Buyer’s Commission amount. You are therefore responsible and liable for any costs (such as bank costs), taxes (such as withholding taxes), duties, and levies due.
- You guarantee your purchase is legitimate. You warrant that you do not buy the Lot as part of a fake transaction, enabling you and/or third parties to transfer the entire or partial Purchase Price and launder the money involved.
You can find more information about your payment options in our Help Centre.
Article 3: Delivery or pickup of Lots
For most Lots in our auctions, the Seller will ship the item(s) to the address associated with your Account. However, you may need to pick up certain Lots. Make sure to always check the shipping details in the Lot description.
- Make sure your address is correct for delivery. The Seller will ship your Lot to the address in your Account. We’ll ask the Seller to ship the Lot once your payment has been received.
- If there are any issues, contact us within three (3) days of delivery. As soon as the Track & Trace code shows the Lot has been delivered, you have three (3) days to inform us about any issues related to the Lot. If you need to pick up the Lot, you will need to inform us of any issues related to the Lot within three (3) days of pickup. You acknowledge that we will not assess the complaint and the Seller will receive their payment if you don’t inform us within this three (3) day period.
- If there are any shipping issues, we ask that you work towards a solution directly with the Seller. Catawiki is entitled to take the signature of receipt and/or Track & Trace delivery confirmation at the delivery location as proof that you’ve received the Lot. If there’s an issue with the delivery of a Lot and you don’t reach a solution with the Seller, you will both need to cooperate in an investigation by the transport agency. A running investigation does not prejudice our right to decide whether the Purchase Price will be refunded to you or paid to the Seller.
- Arrange pickup with the Seller. If you have won a Lot that needs to be picked up, you must (arrange to) pick up the Lot within five (5) business days of your purchase, unless you have agreed otherwise with the Seller. The specified pickup time will never be regarded as a statutory limit. If you fail to pick up the Lot in accordance with our instructions or your agreement with the Seller, you acknowledge that we may either pay the Seller or cancel the transaction in our system.
- Catawiki may cancel transactions if the Seller does not deliver the Lot. If the Seller does not deliver the Lot in accordance with his obligations under the Seller Terms or the Lot description, we will send the Seller multiple reminders. If the Seller does not act in accordance with our instructions, you agree and acknowledge that we may cancel the transaction in our system. Cancellation of the transaction is not the same as a dissolution of the Contract of Sale. Once we have cancelled the transaction, you are free to obtain your rights under the Contract of Sale with the Seller directly.
Any questions about delivery or pickup? Have a look at our Help Centre.
Article 4: Failure to fulfil your obligations towards the Seller
If you fail to fulfil your obligations towards the Seller under the Contract of Sale, you will be in default and the Seller will be entitled to dissolve the Contract of Sale. We may send you a notice of default and a notice of dissolution on behalf of the Seller, but we are not obliged to do so. In that context, your obligations will include compensating the Seller’s damages, without prejudice to any other rights the Seller has.
Article 5: Failure to fulfil your obligations towards Catawiki
- Temporarily or permanently limit your authorisation to bid on and/or sell Lots
- Temporarily or permanently revoke any special status associated with your Account
- Temporarily or permanently limit your access to your Account
- If you (i) have not provided accurate bank or identification details upon our first request within a reasonable period, (ii) have been flagged by our Payment Service Provider, or (iii) have not passed any PEP or sanction list checks, you will be in default and (a) any payment (including a refund) may be withheld or (b) you will forfeit the right to receive payment (including a refund)
- If you paid for a Lot with your credit card and, even though the Seller was not in default, you filed a successful chargeback, we are allowed to (i) block your Account, (ii) set-off any claims we have towards you, (iii) block any future payments to you, and (iv) initiate legal proceedings against you
If our agreement is terminated or access to your Account is suspended while you still have certain obligations towards a Seller under a Contract of Sale, we may cancel the transactions in our system and dissolve the Contract(s) of Sale on behalf of the relevant Seller(s).
Article 6: Right of withdrawal
Consumers have a statutory guarantee of conformity of the Lot. Furthermore, depending on your place of residence, you might have the right to cancel and return your purchase for no reason.
- The EU right of withdrawal may be applicable to your Contract of Sale. Consumers who reside in a country within the European Economic Area and who purchase a Lot from a Professional Seller will be entitled to withdraw from the purchase without stating the reasons within 14 days after receipt of the Lot (the ‘cooling off period’).
- If you withdraw from your purchase, you need to return the Lot to the Seller. Under the right of withdrawal, you’ll need to return the Lot within 14 days of your withdrawal notification. The Lot must be returned to the Seller with all the related accessories that were delivered and, if possible, in the original condition and packaging. You are only liable for any diminished value of the Lot resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Lot. The entire Purchase Price, including transport costs, and the Buyer Commission will be refunded to you. However, you will bear the direct costs for sending back the Lot.
- The right of withdrawal may not be applicable to your purchase. Please note: certain products and services are excluded from the withdrawal right, such as, but not limited to, gold, diamonds, bullions, and other products with fluctuating prices, that decay quickly, or have a limited shelf life.
More information about the right of withdrawal can be found in our Right of Withdrawal Policy.
Article 7: Internal communication
You can use our internal messaging system to communicate directly with a Seller. This system is a great way to arrange the delivery of a Lot. Please note, we do not allow this system to be used for the following activities:
- Sending unsolicited advertising or promotions, requests for donations, or spam
- Insulting, harassing, or discriminating against other Users
- Making a sales agreement with a User without the mediation of Catawiki, with the aim of avoiding commission
Want to give a Seller feedback about a Lot you purchased? Our Feedback Policy applies to any feedback you want to give.
Article 8: Disputes with other Users
We expect Users to resolve any dispute between themselves. However, if necessary, we will make reasonable efforts to mediate between the Seller and the Buyer. Any complaints and disputes between you and a Seller must therefore be reported to us as quickly as possible.
Reach out to the Seller: to contact the Seller, go to My won lots and find the order for that sale. You can then click on ‘Contact seller’ to send a message to the Seller.
Reach out to Catawiki: contact our Customer Support department by sending us an email via our contact form.
Article 9: Resale royalties
If a Lot is an original artwork, a resale royalty may be due to the artist, based on applicable copyright legislation. In those cases, you will bear the cost of the resale royalty, regardless of whether you are an art market professional or not. You will need to reimburse the party that has paid the resale royalty to the artist or the artist’s representative upon first request. Such reimbursement will include the full resale royalty and any related costs, expenses, levies, or taxes.