General Terms of Use:
These Terms of Use, as amended on 07/26/2022, govern participation in the Auction for Climate Action initiative (hereinafter referred to as AfCA) and the accompanying use of AfCA on Instagram at https://www.instagram.com/auctionforclimateaction/ , the website https://auctionforclimateaction.org/ , Facebook Auction for Climate Action | Facebook and LinkedIn www.linkedin.com/company/auctionforclimateaction/ . These are collectively referred to below as the “presence”. The last update was on 28.02.2024.
For better readability, the simultaneous use of the language forms male, female and diverse (m/f/d) is waived. All personal terms apply equally to all genders.
1. in advance
The initiative AfCA is purely non-profit and was created with the best intentions of the initiator in her spare time on a voluntary basis. All those who would like to contribute to the good cause by participating as an adjuster or bidder are very welcome. In this sense may all behave decently, think and act benevolently. A fair, friendly and respectful communication climate is valued.
If you would like to participate in the initiative as a bidder, benefactor/artist, exhibition location or event organizer, you agree to these terms of use.
No contracts of sale are concluded, which are to be demanded formally juridically.
2. procedure
An artist, designer or other creative (hereafter “benefactor”) makes a work available for auction and selects one of the participating organizations. A bidder who wishes to bid online for a work for the benefit of the selected organization communicates their bid (donation plus listed costs) in the Instagram comments or on the other platforms or by email. If bids are received via Instagram DM or the other contact options, these must be added in the comments by the bidder. At the end of the auction period, the bidder with the highest advised donation will win.
The benefactor will contact the bidder and provide the bidder with a receipt/invoice for the cost of materials including transportation and packaging costs. After the bidder has paid this cost to the benefactor and made the agreed donation to the organization and provided proof to the benefactor, the benefactor will ship the work securely to the bidder. The benefactor shall notify AfCA of the bidder and the donation amount upon completion.
This also applies to the online auctions, which are combined with exhibitions. The descriptions of the web homepage and information for the creatives should also be noted. The most important things are also shown in the first three Instagram posts.
If the bidder fails to make at least one of the two payments, the benefactor must ask him to pay the agreed sums within a reasonable time – about 1 week. If there is no response to this either, the benefactor can withdraw and contact the next bidder. AfCA must be informed immediately about these procedures, the sums and the bidders.
In a live Auction, an artist, designer or other creative (hereinafter referred to as the „Submitter“) provides a work and selects one of the participating organizations. A Bidder:in who wishes to bid on a Work for the benefit of the selected organization will bid on the Work with a highest bid. The financial costs of the:r creative and the donation to the organization must be made immediately before handover in cash or via PayPal.
With transfer purpose: AfCA, event name/online auction, date.
3. transport risk
The shipment includes liability and tracking. Should the bidder wish to have additional transport insurance, she must inform the benefactor of this and bear the additional costs. The benefactor bears the risk of possible loss or damage only until he has handed them over to a shipping company. From then on, the bidders bear the so-called transport risk. If a package does not arrive at the bidder, the benefactor must be able to prove that it was sent by means of the delivery bill. In such a case, however, the bidder must still pay for the lost or damaged item and also donate as agreed. However, the shipping company can be contacted if the damage is to be replaced.
At a live auction, the artist, designer or other creative person takes care of transportation to the event location. Payment and handover take place there. Further information can be found at the respective event.
4. general disclaimer
AfCA establishes contact between benefactor and bidders (together “users”) through its presence. AfCA has no active role, is not an action partner and has no obligations towards the users. All actions between the users are to be understood as if AfCA did not exist. The user agrees not to violate any applicable laws when using the services. The users have no claims against AfCA and AfCA assumes no liability or warranty to the extent permitted by law.
AfCA endeavors to offer this free service at all times. However, the possibilities of use may be temporarily restricted or interrupted. This does not give rise to any claims for compensation on the part of the affected users. AfCA is entitled to change or discontinue the offered services at its own discretion without notice. The terms of use may be changed without notice. The date will be updated.
5. data protection regulations
The general data protection regulations at https://auctionforclimateaction.org/en/privacy/ apply.
6. The benefactor
6.1. Expression of interest and acceptance
If a benefactor wishes to participate in the AfCA initiative with a work, she expresses her interest and follows described in the information for creatives and the application information for the respective areas, the process for this. Some of this can also be found in the third, fixed Instagram post.
AfCA decides on inclusion in the initiative. The submitter has no right to have her work participate in the auction or be published. Any non-admission does not require any justification or explanation on the part of the initiative.
In the case of a live auction, separate conditions are set out at the respective event.
6.2. Description of works
In the sent question list, the characteristics of the work are to be described. The work must actually possess these properties. Defects or limitations must not be concealed. Likewise, the benefactor shall state the cost price for packaging, shipping and materials. These must be reasonable and comprehensible in amount and type. Expenses for working hours do not count as prime costs and may not be estimated or added at any point.
The auction date and period will be determined by the benefactor in consultation with AfCA.
The minimum amount of a donation for which a work is offered as a thank-you gift is EUR 50,- or more.
In the case of a live auction, this information is provided separately for each event.
6.3. Warranty of the benefactor, copyright
The benefactor guarantees that he is the person specified and that he owns the exploitation rights to the art/design object necessary for the auction, transfer and publication and that he does not violate any copyrights, exploitation rights or other protective rights of third parties. He must also hold the copyright of the photographs provided or have the rights to use them for publication on the presence.
6.4. Consent
The benefactor agrees that AfCA may publish the information provided by him about the person and the work on the presence.
In addition, the benefactor agrees that AfCA may process and store his data for the purpose of the auction, for statistical purposes and for further contact.
6.5. Termination of participation
The benefactor or AfCA may terminate participation in the auction at any time and without justification or time limits. Participation also ends after an auction. If the participation is terminated, Once participation has ended, the post or information from it will be deleted if AfCA or the person who posted it so wishes.
In the event that the work should not be auctioned, the benefactor can note in the question list whether and how long the work should remain online. AfCA will delete the offer after the agreed period of max. 6 months. Thus, a bidder could still bid for the work until then. It would then be auctioned immediately if the minimum donation was met and they agreed. Everything else would remain unchanged as described here.
In the case of a live auction, participation ends immediately afterwards.
6.6. Release from rights and claims of third parties, consent to data disclosure
The benefactor shall hold AfCA harmless from any claims by third parties based on an infringement of intellectual property rights of the works participated in by the benefactor.
In this case, the benefactor shall assume, at its own expense, the legal defense against such third-party claims and shall reimburse AfCA for any expenses incurred by AfCA. The prerequisite for this is that AfCA immediately notifies the benefactor of the assertion of the corresponding claim by third parties and leaves the sole legal defense against these claims to the benefactor. Insofar as AfCA cannot fully assign the legal defense to the benefactor, AfCA shall instead grant the benefactor control over this and, within the framework of the legal defense or in settlement negotiations, act only and always in agreement with the benefactor. AfCA shall provide the benefactor with reasonable support in preparing and conducting the legal defense or settlement negotiations.
Insofar as legal claims are asserted against AfCA by third parties with regard to the works of the benefactor, the benefactor consents to the disclosure of its contact data to such third parties.
7. the bidder
7.1. Consent
By participating in the initiative, the bidder consents to AfCA processing and storing her data for the purpose of the auction, for statistical purposes and for further contact.
7.2. Intended use
All donations and payments must indicate “AfCA, event name/online auction, date of auction” as the purpose of use for informational and statistical purposes.
7.3. Donation as a special issue
The organizations involved in the initiative are currently recognized as non-profit organizations in Germany and are based in the EU. It is worthwhile for the bidder to check whether the donation is tax deductible. AfCA cannot provide any advice, verification or liability in this regard.