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.
No contracts of sale are concluded, which are to be demanded formally juridically.
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 on a work to benefit the selected organization communicates her bid (donation plus listed costs) in the Instagram comments. If bids are received via Instagram DM or other means of contact, they are to be added in the comments by the benefactor. 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.
The descriptions on the web home page must also be followed. They match the descriptions of 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.
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.
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.
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 as described on the home page or in the third Instagram post.
AfCA will decide on the acceptance to the initiative. The benefactor has no claim that her work will participate in the auction or will be published. Any non-admission does not require any justification or explanation on the part of the initiative.
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.
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.
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, its publication ends and the information about the person and the work will be removed from the presence within 8 weeks.
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 publication 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.
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
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, 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.