TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR THE PUBLIC AUCTION OF LOTS FROM THE THEATRE PERFORMANCE

ICH KANN NICHT ANDERS

Article 1

By purchasing a ticket for the conceptual artwork FORSALE Performance Auction House – in legal terms, a public auction of lots from the artwork/theatre performance Ich Kann nicht anders ­– each viewer automatically participates in the public auction and agrees to the following terms and conditions. Their ticket number also serves as the bidder number.

Article 2

The public auction of lots from the artwork/theatre performance Ich Kann Nicht Anders is organised by FORSALE – Performance Auction House, a project of Institute Bunker, Slomškova 7, 1000 Ljubljana (hereinafter: seller).

Article 3

The seller engages an auctioneer who is authorised to conduct the auction.

Article 4

The auction of lots from the artwork/theatre performance Ich Kann Nicht Anders will be conducted as part of the conceptual artwork FORSALE Performance Auction House, at the venue and time specified on the ticket. Auction items (lots) and their starting bids are listed and described online, at www.performanceforsale.com, and in the catalogue which the viewers receive upon buying a ticket. The catalogue and the website www.performanceforsale.com also state where and when the lots can be inspected prior to public auction.

Article 5

Viewers can participate in the public auction of lots from the artwork/theatre performance Ich Kann Nicht Anders in person at the public auction, via telephone, or via a YouTube livestream of the public auction.

Viewers who wish to participate in the public auction of lots from the artwork/theatre performance Ich Kann Nicht Anders via telephone need to register by filling in an online form available at www.performanceforsale.com at least 24 hours before the start of the public auction. By registering, they agree to the terms and conditions of this public auction. When registering, viewers need to specify which lots they would like to bid for; a FORSALE employee will contact them before bidding starts for their chosen lot and bid on behalf of the registered bidder in keeping with their direct, on-the-spot instructions.

Viewers who wish to participate in the public auction of lots from the artwork/theatre performance Ich Kann Nicht Anders in person at the venue Stara elektrarna need to register by filling in an online form available at www.performanceforsale.com at least 24 hours before the start of the public auction or at least one hour before in Stara elektrarna with FORSALE Performance Auction House staff. By registering, they agree to the terms and conditions of this public auction.

Registered telephone bidders will receive an e-mail with a link to the auction livestream on the day of the public auction, an auction number to register for the auction, and a catalogue with lot descriptions and pre-printed sales contracts for each of the auctioned items.

Article 6

The entire performance/auction will be recorded. The whole event is protected by copyright. The owner of the copyright is the seller, FORSALE Performance Auction House. Copying, including recording and storage in digital form, distribution, online publication or any other use is not permitted without the prior permission of the seller. The seller may be contacted in order to clarify any ambiguities or help in cases of potential conflict.

The event will be recorded by the seller in keeping with the current national Personal Data Protection Act (ZVOP-1) and Regulation (EU) 2016/679. Apart from copyright infringement, any recording of the event without the permission of the seller also represents a violation of the General Data Protection Regulation (GDPR) and the associated provisions of the Criminal Code and is thus subject to legal action on part of the seller.

Article 7

Viewers have the right and responsibility to acquaint themselves with the auction items – artwork lots – from the performance Ich Kann Nicht Anders either by reading the written description provided by the seller online at www.performanceforsale.com and in the catalogue or by inspecting the individual lots (where this is physically possible) at the time and place stated on the website  www.performanceforsale.com and in the catalogue; additional information is also available from the seller at sales@performanceforsale.com.

 

Article 8

The starting bids for all the individual lots from artwork/theatre performance Ich Kann Nicht Anders are stated in euro.

The amount of bid increments is left to the discretion of the auctioneer.

Article 9

Auction items, i.e. lots from the artwork/theatre performance Ich Kann Nicht Anders, are auctioned and sold to the bidder with the highest bid, under the condition that the total amount is paid to the seller. Payments can be made in cash or with debit cards; legal entities may also pay through invoice.

If the highest bid was made by a telephone bidder, they are required to send written confirmation of the highest bid to sales@performanceforsale.com immediately after their bid is confirmed as the highest, closing bid. If no written confirmation is received within 15 minutes, the lot is sold to the second highest bidder.

All bidders agree to buy the auction items (lots) in keeping with terms and conditions printed in the catalogue and pre-printed sales contracts for individual lots, which become binding immediately upon the bidder offering the highest bid and paying the seller. When collecting the lot – immediately following the auction or the next day at the latest, depending on the lot – bidders further confirm their agreement by signing the contract.

Article 10

By selling and buying the auction item, i.e. lots from the artwork/theatre performance Ich Kann Nicht Anders, the buyer becomes the sole civil and legal owner of the auction item. They are bestowed with material right and copyright to the subject of the contract; this does not void the moral rights of the authors of the artwork, nor does the sale and purchase of the subject of the contract interfere with the integrity of the artwork/theatre performance Ich Kann Nicht Anders. Through the auctioning of the subject of this contract and other lots, the artwork/theatre performance Ich Kann Nicht Anders becomes the collective property of buyers and owners of individual lots. Lot owners guarantee that the auctioned items will remain at the disposal of the creators and performers of the performance ICH KANN NICHT ANDERS for the needs of potential future performances. The rest of the time the auctioned item is at the disposal of the buyer, their civil and legal owner, to be used according to their wishes at any time or place.

If the owner fails to collect the material lot or lots within 7 days of purchase, or if they refuse to collect them and wish them to remain under the ownership of the seller and thus at the disposal of the performers, the lots will remain stored in the seller’s warehouse (at the buyer’s expense). If the buyer misses the payment deadline or fails to settle the payment, the auctioned item is offered for purchase to the second highest bidder; if there are no other bidders, the item in question remains at the disposal of the seller.

If the owner of a material lot wishes it to be delivered outside Ljubljana, they agree to cover the costs of delivery and potential customs duties.

 

Article 11

The auction sale cannot be challenged on the grounds of laesio enormis.

A buyer who fails to meet their obligations is liable for damages to the seller.

Article 12

The legal relationship between the parties is subject to law of the Republic of Slovenia. Any potential disputes are under the jurisdiction of a Ljubljana court with the subject matter jurisdiction.