Terms and Conditions for Traders (Stall Holders)

Terms & Conditions – Stallholders at Market Days CIC St Thomas Square Saturday Markets

These regulations apply to all stallholders. Strict compliance with them is a condition of the contract for the hire of a pitch at the Newport Saturday Market in St Thomas Square, East Cowes Indoor Market and any other market event arranged by Market Days CIC or by a partner organisation.

It is essential that all stallholders cooperate and play their part in ensuring that Market Days CIC events are profitable, enjoyable and safe for everyone. This includes complying with the commercial and administrative terms (especially regarding bookings and payment), the insurance terms, trading standards guidelines, food hygiene and the risk management and accident prevention terms.

Bookings:

Traders are invited to make declarations of interest for any Market Days CIC events advertised online, on social media or in print. A declaration of interest can be by email or by completing Market Days CIC online goggle forms.

Markets that are held on public land are subject to licensing requirements and law and the google form used comprises an application to the Isle of Wight Council for a Street Trading License. Stall holders must therefore fill in the form completely and honestly. Market Days CIC will apply for a Street Trading license on your behalf.

Stallholders are invited entirely at Market Days CICs discretion. Please do not assume a monthly or weekly pitch is automatically yours.

Payment:

Traders who complete a booking form either online or using a printed word doc will then be sent an invoice for payment from Market Days CIC with details of how to pay electronically. Completion of the form indicates an intention to attend the Market and acceptance of the Terms and Conditions.

Payment must be made at least eight working days in advance of an event unless otherwise indicated. If payment is not present in Market Days CIC account prior to the event a pitch may not be allocated. At the discretion of the organisers cash or electronic payment may be accepted on the day of the event.

Direct debit/ standing orders may be set up if more convenient (cancellation and refund policies still apply to DD & STO)

Cheques are not accepted as payment method.

Late payments taken as cash on the day will incur an administration fee of £5.00.

Refunds:

Stallholders must accept the risk of bad weather and will not generally be entitled to a refund for these reasons.

Cancellations of confirmed bookings from stallholders will only be accepted up to eight days prior to the relevant market day unless otherwise specified. A full refund will be only be paid if sufficient notice is provided and Market Days CIC has not already submitted the Traders License Form to the Isle of Wight Council. If Market Days CIC has already submitted the Trader’s License Form to the Isle of Wight Council no refund will be given.

A cancellation fee of £20 will be due for any stall holder that cancels within eight days of the relevant market day and will be applied to any future bookings in the event of non-payment.

In the event Market Days CIC cancels an event not due to extreme weather, refunds will be at Market Days CICs discretion and will be a percentage of the stall fee, taking into account Market Days CIC s pre-event expenses.

Trading Hours:

Newport Saturday Markets trade between 0900 and 16.30. Stallholders are expected to trade for the duration of the event as a courtesy to their fellow traders and at the request of Market Days CIC .

Should a stallholder be required to leave early it is expected they will first gain permission from the Market Manager.

Any variation to these trading times will be notified by Market Days CIC  prior to the event.

Allocation and Position of Pitch:

Market Days CIC is solely responsible for the allocation and position of pitch sites.

It is not permissible for stallholders to change the pitch position without consultation with Market Days CIC.

Eligible Goods:

On application traders are to supply a description of the goods intended for sale and all goods must conform to the Isle of Wight Council licensing regulations. Market Days CIC will ask for any non-authorized goods to be removed from display.

Exclusive Trading Rights:

Market Days CIC will endeavour to ensure that products offered for sale by different traders are compatible within the event but does not guarantee exclusivity. Therefore there may be similar items for sale on more than one stall and Market Days CIC will not usually veto or give preference to one trader over another.

Site Use and Presentation:

Stallholders must operate strictly within the marked boundaries of the stall site that has been allocated to them, generally 3m x 1.5m 3mx3m and avoid encroachment into neighbouring trader pitch space. Additional tables must fit within the allocated space.

The presentation of stalls must be of a professional standard that is satisfactory to Market Days CIC.

Traders supplying their own infrastructure must ensure that it is good quality and weighted appropriately.

Approval to use a portable generator can only be given by Market Days CIC and only in exceptional circumstances.

Gas safety certificates must be provided for all gas appliances.

Smoking:

Smoking is not permitted in the vicinity of the stalls.

Setting Up, Closing Down, Loading And Unloading:

Stallholders must set up, close down, load and unload strictly within the specified times and guidelines given for each event.

Before vacating their stall site, stallholders must remove all rubbish and do all other things that may be reasonably necessary to leave the stall site in the same condition that it was in before they set up their stall for the day.

Stallholders are required to remove any items that have been attached to gazebos and tables so as not to cause harm or encumbrance to crew during de rig.

Stallholders are required to remove and take away their own trade waste.

Bad Weather And Other Disruptions:

Market Days CIC events operate in all weathers and will operate on the designated market day unless extreme weather or other disruptions that are beyond Market Days CIC ’s control compel Market Days CIC to close the markets for the safety of traders and the public.

It is the responsibility of the stallholder to contact Market Days CIC to check if the event is going ahead.

Market Days CIC will communicate the cancellation of an event via social media and email to traders.

Operator’s Directions:

Stallholders must comply with all directions given to them by Market Days CIC .

Stallholders must treat the staff of Market Days CIC, other stallholders and members of the public with courtesy and respect at all times. Any unacceptable behaviour including, but not limited to, aggression, abusive language or refusal to comply with a reasonable direction will be treated as a breach of a condition of these regulations. Such a breach is likely to result in that stallholder being required to leave the markets immediately and being banned from trading at any future markets.

Any direction given by Market Days CIC regarding risk management or accident prevention must be complied with strictly and immediately.

Operator’s Dispute Resolution Determinations:

Market Days CIC may make determinations to resolve any dispute that may arise including, but not limited to, disputes between stallholders and disputes between stallholders and customers or other members of the public. Market Days CIC s decision is final.

Stallholder’s Warranties And Representations:

The stallholder acknowledges and agrees that, by applying to hire a stall site, the stallholder makes the following warranties and representations:

• That the statements made in the online application system are true, accurate and complete;
• That the stallholder has carefully read these regulations and agrees to be bound by their terms and conditions;
• That the stallholder has the full legal and beneficial ownership of the goods that they offer for sale and that their ownership is free of any encumbrances;
• That the stallholder will not engage in any false or misleading conduct including, but not limited to, selling counterfeit goods or mislabeling goods;
• That the stallholder has the necessary licenses, practicing certificates or permission to sell the goods that they offer for sale;

Inspection Of Documents:

Stallholders must supply all necessary documentation requested the first time they trade at an event or when subsequently requested. This includes but is not limited to Stall Holder Risk Assessment, Fire Risk Assessment, Food Hygiene Certificate, Environmental Health rating and evidence of registered food business.

Updated copies are to be sent when insurance renewal takes place.

Exclusion Of Market Days CIC ’s Liability:

The stallholder acknowledges and agrees that Market Days CIC has not given any warranties or made any representations relating to the stallholder’s occupation or use of a stall site at Market Days CIC events other than as are specifically set out in these regulations. This includes, but is not limited to, any warranties or representations relating to:

• The stallholder’s likely sales or profits;
• The benefits of the location of any particular stall site;
• The number of potential customers that are likely to visit the markets;
• The presence of other stallholders on the same market day selling the same or similar goods or services or the location of their stall site;
• The services and facilities that are available to the stallholder other than as are expressly set out in these regulations;
• The extent to which Market Days CIC has carried out marketing or advertising to attract customers to the markets;
• The suitability of the markets for any particular purpose;

Claims Against Market Days CIC :

The stallholder acknowledges and agrees that Market Days CIC  is not liable for any claims arising from:

• Damage to the goods or other property of the stallholder;
• Theft of the goods or other property of the stallholder;
• Injury, loss or damage suffered by any person at Market Days CIC  events;
• Damage to or the theft of the property of any person at the markets.

Inspection of Insurance Policies:

Stallholders must at all times have available copies of their Public Liability Insurance policies.(either printed or electronically)

Stall holders must at all times have available a completed Fire Risk Assessment on their stall (template provided by Hampshire Fire Service)

Stall holders must at all times have available a copy of the Isle of Wight Council License issued via Market Days CIC. (either printed or electronically)

Stallholders must have public liability insurance cover of £5M

Risk Management and Accident Prevention Terms:

Stallholders must comply with Market Days CIC ’s online bookings and payment procedures, to help Market Days CIC ’s staff to keep to a minimum the amount of cash that they need to hold on market days.

Stallholders must report promptly to Market Days CIC any security problems including, but not limited to, robberies, shoplifting, pickpocketing, unusual packages or the need to forcibly remove drunken or belligerent customers from the events.

Any stallholder using equipment or practices that could endanger the health & safety of any persons will be asked to leave the event.

Traffic Management:

When setting up, closing down, loading and unloading in this area, stallholders must exercise the same degree of care for their own safety and consideration for the safety and convenience of others that they should exercise on a public road.

Where traffic management signs, cones etc are in force it is the responsibility of all stallholders to ensure that they are correctly repositioned if manoeuvred for access.

Tripping/Other Accidents:

To reduce the risk of tripping accidents, stallholders must keep their stall site and the immediate vicinity clear of anything that might obstruct pedestrian traffic and cause tripping accidents.

Stallholders must ensure that their stall sites are free of any sharp corners or dangerous projections that might injure customers particularly of hard materials such as timber, metal or glass.

It is imperative that nothing sharp or dangerous is attached to tables or gazebos that may endanger or encumber set up crew when erecting or dismantling equipment eg staples, screws, clips, fastenings.

Stallholder Requirements:

Food stallholders must rely on their own public liability insurance to include cover for claims arising from the sale of hot food or from food contamination.

Food stallholders must acknowledge and agree that Market Days CIC  is not liable for any worker’s compensation claim by any of their staff.

In the storage, preparation, cooking and service of food, food stallholders must comply strictly with all legal requirements and/or the recognised best practice standards including, but not limited to:

• Holding a valid Food Hygiene Certificate and also be registered and inspected (or pending) by their local Environmental Health Office.
• All sales of alcohol must be made in accordance with Challenge 25 guidelines.
• Goods must be marked and priced according to legal requirements. Contact your local Trading Standards office for more information.