Secondary Offer Terms – Vavato
Secondary Offer Terms – Vavato
(Supplementary to the General Terms and Conditions for Buyers and the User Terms of Vavato)
Version: December 2025
1. Scope
1.1 These terms apply to the “Secondary Offer” process operated by Vavato, where previous bidders are invited to submit a new offer for a Lot for which the reserve price was not met during the original auction.
1.2 By submitting an offer in this process, the bidder confirms having read and accepted these terms.
1.3 The General Terms and Conditions for Buyers and the User Terms of Vavato continue to apply unless explicitly deviated from below. In case of conflict, these Secondary Offer Terms shall prevail.
2. Nature of the Process
2.1 The Secondary Offer process does not constitute a Public Auction as defined in Article 6:230g paragraph 1 sub j of the Dutch Civil Code.
2.2 The invitation to submit an offer is an invitation to make an offer, not an auction.
2.3 An offer submitted through this process is considered a non-binding offer to the Seller. The Seller is free to accept or reject any offer at their discretion.
2.4 There is no automatic allocation or awarding of the Lot. A Purchase Agreement is only concluded once the Seller explicitly accepts the offer, confirmed to the bidder by email or via the platform.
3. Offers
3.1 Only Users who placed a bid on the Lot in the original auction may participate in the Secondary Offer process.
3.2 The process is blind: participants cannot see the offers made by others.
3.3 Offers must be submitted within the time period specified in the email invitation. After the deadline, offers can no longer be submitted or amended.
3.4 Vavato and/or the Seller may reject offers or cancel the process at any time without providing reasons.
3.5 An offer automatically expires once the Seller has accepted another offer or when the deadline has passed.
4. Formation of the Purchase Agreement
4.1 A Purchase Agreement is only formed once the Seller accepts the offer.
4.2 The Buyer will receive written confirmation by email once the offer has been accepted, including instructions for payment and collection.
4.3 From that moment, the General Terms and Conditions for Buyers of Vavato apply in full, including the provisions on payment, collection, and liability.
5. Right of Withdrawal (Consumer Purchases)
5.1 Because the Secondary Offer process is not a public auction, Buyers acting as consumers are entitled to the right of withdrawal in accordance with Articles 6:230o through 6:230s of the Dutch Civil Code.
5.2 The consumer may withdraw from the Purchase Agreement within 14 days after receiving the Lot, without stating any reason.
5.3 The Buyer bears the costs of returning the Lot. Vavato or the Seller will refund the purchase amount within 14 days after withdrawal, provided the Lot has been returned in time and in its original condition.
5.4 During the withdrawal period, the Buyer must handle the Lot with care and is liable for any decrease in value resulting from improper handling.
6. Role of Vavato
6.1 Vavato acts solely as an intermediary between the Seller and the Buyer, as defined in Article 2 of the General Terms and Conditions for Buyers.
6.2 Vavato is not a party to the Purchase Agreement and bears no responsibility for the Seller’s decision to accept or reject an offer.
7. Miscellaneous
7.1 Vavato reserves the right to modify, suspend, or discontinue this process or these terms at any time.
7.2 These terms are governed exclusively by Dutch law. Any disputes shall be submitted to the competent court in Amsterdam, unless mandatory law provides otherwise.