Terms and Conditions.
1. Term and conditions.
1.1 These terms and conditions comprise the entire agreement between you and Handmade Markets Canberra Pty Ltd (“HMC”) for the hire of a market stall space at EPIC Canberra, or other location as determined by HMC and at times/dates as determined by HMC.
1.2 HMC may unilaterally change these terms and conditions at any time and will email you to notify you of the changes and direct you to our website to review any changes. The sending of the email advice is sufficient notice of any new or amended terms and conditions and notification of the changes to the registered email address will amend the contract accordingly. If you object to the changed terms you must notify us within seven days.
1.3 Please read these terms and conditions carefully. If there is anything that you do not understand please ask before registering for a market. Your registration with us is your acknowledgement that you have read and understood these terms and conditions in its entirety and that you are bound by it including any changes to the terms and conditions as notified in accordance with clause 1.2 above.
2. Your responsibilities.
2.1 The following are your obligations and responsibilities when registering for a HMC Market and when being a stall holder at a HMC Market:
products / applications
2.1.1 You warrant that all items sold by you at a HMC Market are **Australian made. You are not permitted to sell any item made outside of Australia.
*handmade – Of an original design, concept and product of your making.
**In Australia – Your product/s are made, developed and produced in Australia, from Australian and/or imported ingredients or elements.
Note: If imported elements are used, the product must meet the ‘Substantial Transformation‘ test.
2.1.2 You must disclose to us and explain your design and manufacture process if you have designed your product(s) but have had them made for you in Australia.
2.1.3 Your finished product may include components from outside Australia. You warrant that you have designed and manufactured the finished product in Australia. Read about our Australian Made requirements here.
2.1.4 You warrant that you have complied with the Australian Made requirements.
2.1.5 You may not sell Fair trade items at a HMC Market and you warrant that you will not do so.
2.1.6 You must, in your application, provide information as to products/services to be sold/provided at your stall. You warrant that you will only sell products/services listed and as approved in writing by HMC. You accept that, if you wish to add new items to your stall, you must request approval by HMC at least four weeks before the market. You must provide photos of the product when making that request.
2.1.7 You warrant that your product/service complies with any applicable Australian standards; ACCC – pertaining to your product. Handmade will not be held accountable for any trademark, copyright or safety infringements.
2.1.8 You warrant that you have read and understand the mandatory safety standards applicable to your products, packaging and labelling. You may review those standards at http://www.accc.gov.au.
At the Market
2.2 Whilst attending a HMC market you will:
2.2.1 Attend at the allocated time and erect your stall at the allocated location.
2.2.2 You, or suitably trained staff, maintain and be present at the stall at all times whilst the market is open. It is mandatory that your stall be attended on all trading days of the allocated market. You are required to be at your stall and ready to trade at least 20 minutes prior to the market opening. You accept that the opening hours of a HMC Market may vary and you will be advised of the opening hours at the time of acceptance for a HMC market.
2.2.3 Remove your stall at the required time. You are not permitted to remove your stall prior to the allocated time for removal of stalls. No motor vehicles are to be on the site prior to the allocated time for removal.
2.2.4 You are responsible for removing all items from your stall at the end of the market and you must leave your site clean and tidy. You are responsible from removing all boxes, cartons, storage and packaging from your allocated market space. You are not permitted to use market bins for anything other than your personal use rubbish. Industrial bins will be provided by HMC for boxes, cartons and packaging. In the event that you use market bins for a non-permitted use you will be invoiced the cost incurred for additional rubbish removal fees.
2.2.5 You are not permitted to share stalls with other stall holders or sell another person/entity’s items.
2.2.6 Follow all reasonable directions of HMC staff and EPIC staff/contractors.
2.2.7 Comply with all appropriate laws of the ACT including but not limited to (where relevant):
(i) Supply/service of alcohol requirements;
(ii) Food safety requirements;
(iii) Practice appropriate Work, Health & Safety requirements and obligations.
2.2.8 Stallholders using gas or electrical appliances must have a suitable fire extinguisher or fire blanket on site and comply with any fire safety requirement imposed by law or regulation. Electrical leads must be tagged by a qualified tester every 3 months. This is your sole responsibility to comply with and to maintain during the HMC Market. You indemnify HMC in respect of any loss or damage caused by your failure to comply with this requirement.
Food and drink stalls
2.3 You are responsible for the following:
2.3.1 Compliance with and trade pursuant to any applicable law or regulation in respect of the sale and supply of food and/or beverages. It is solely your responsibility to understand and comply with any such laws or regulations. You must register with the local authority/council for the sale of any food or beverages. This is the responsibility of the stall holder and HMC takes no responsibility as to such registrations or requirements
2.3.2 You must comply with all health and hygiene guidelines outlined by ACT Health or other applicable authority.
2.3.3 You accept that you may not sell cans or bottles of soft drink.
2.4 During a HMC Market you must:
2.4.1 Present your stall in a professional, stylish and clean manner.
2.4.2 If your stall is presented by way of plastic trestle tables, you must completely cover the trestle table by a table cover and be crease free. You must ensure that all boxes/packaging/suitcases etc are not visible and do not encroach or impose on neighbouring stallholders’ displays or space.
2.4.3 You must provide at the market sufficient stock for the trading days, appropriate signage and business cards. You must sufficiently display your branding. You accept that we may review your branding and signage and we can require you to make reasonable changes to meet our standard.
2.4.4 You must confine your display to their allocated space. This includes ensuring that all signs and displays are within the allocated space and out of any path for patrons.
Market Attendance / Behaviour
2.5 During a HMC Market you must not:
2.5.1 Conduct any loud product promotion or music.
2.5.2 Conduct yourself in an aggressive manner. Any aggressive conduct towards another stall holder, HMC staff member, EPIC staff member, contractor or patron may result in you being required leave the HMC Market, with no refund.
2.5.3 Copy the ideas and work of other stallholders.
2.5.4 Commit any offence or breach any applicable law or regulation.
2.6 Prior and during a HMC Market the following applies:
2.6.1 You must provide HMC with at least three product shots that represent your brand at the time of registration. HMC reserve the right to use any or all of the images provided by you for HMC’s unrestricted use. HMC has no obligation to use any or all of your images.
2.6.2 You may use Handmade photos of your product on social media. If you do so, you must credit HMC when doing so. Should you wish to use any photo belonging to HMC to promote your brand independently of any HMC Market you must request express permission from HMC to do so.
2.6.3 HMC has no obligation to promote in any way you, your designs, products or services. By accepting a market stall space at a HMC Market, you accept that HMC may use any photo or image of you, your designs, products or services in any promotional material, website/ social media for its own use and you have no right to object to this use.
2.6.4 You accept that by attending HMC you are required to assist the promotion of HMC by adding a tag or link to HMC’s website and social media platforms. Your minimum obligations are:
(i) If you have a social media platform or a website, you are required to post/create two social media posts within the two weeks prior to the commencement of the HMC.
(ii) You acknowledge that “Instagram” and “Facebook” “stories” are not sufficient to meet your obligations.
(iii) Should you post a story on those platforms you must tag HMC.
2.6.5 Raffle tickets may not be sold at HMC Market.
2.6.6 Flyers for other events similar to or in competition with HMC may not be on display at a HMC Market without HMC’s prior written approval. In the event such approval is sought you must request HMC’s permission in writing at least three weeks prior to the HMC market.
2.6.7 HMC reserves the right to request that our promotional material be displayed on your stall or with your product/services.
3. Fees payable and cancellation
3.1 To be a member of HMC there is a $100 (inclusive GST) annual admin fee. This invoice is issued when offered membership with HMC and yearly after that in the month you joined. You agree to this fee on acceptance of your registration.
3.2 In the event that you have been approved and allocated a market space at an upcoming HMC market, you will be advised via email to your registered email address. You must make payment of the invoiced fee within the allocated time. In the event that payment is not received within the allocated time then we reserve the right to withdraw the offer. Payment of any fees to us is payable strictly in accordance with our tax invoice.
3.3 In the event that you cancel your market stall or promotion the following will apply:
- If you cancel prior to four weeks of the commencement of the HMC market then you will be entitled to a refund of the market stall fee paid minus an administration fee $150. Refunds will be given in the same manner the funds were paid for that event. ie if a credit was used to pay for the stall then the amount is returned to credit. The stall holder acknowledges that this is HMC’s reasonable costs incurred by HMC. If you cancel within four weeks of the commencement of the HMC market you will not be entitled to any refunds, transfers or rollover of credit for any future market.
In addition to the above, HMC retains absolute discretion to consider providing refunds, credits or roll over of fees paid if it considers appropriate.
3.4 In the event that you are unable to attend the allocated market you are required to provide us with written notification of non-attendance as soon as you become aware of your unavailability. You accept the above conditions that we may reallocate your market stall space to another stall holder.
3.5 Please refer to clause 7 for additional provisions regarding COVID-19 cancellations by HMC.
4. Allocation of market stalls
4.1 As referred to above you must pay the $100.00 annual admin fee when required.
4.2 If your registration is approved by HMC, your details and registration will remain in our system for a period of 12 months. In the event that you are offered to apply and do not attend a market stall within 12 months of the date of approval you will need to lodge a new registration and pay the registration fee.
4.3 HMC has the sole discretion as to whether you are allocated a market stall at any HMC market. In the event that you are allocated a market stall at a HMC Market we reserve the sole discretion as to the location of the stall at the HMC Market.
4.4 Handmade has the right to withdraw an offer of a market stall at a HMC Market at any time. Handmade does not accept any responsibility for costs, loss or damage incurred due to the withdrawal of an offer.
4.5 HMC has the right to reject any stall holder or withdraw any offer made to a stall holder who HMC believe does not comply with these terms and conditions.
4.6 Stalls cannot be transferred, sublet, franchised or sold to any other person.
5. Damage cover and payment for damage
5.1 You are solely responsible for any claim damage, loss or injury due to any product sold by you or on your behalf and/or for any act of omission by you or your agents, invitees or persons invited to the HMC Market on your behalf.
5.2 You are solely responsible for any public liability and product liability insurance and are required to provide a current certificate of currency in the business name you register with us, when requested to do so.
5.3 You fully indemnify HMC for:
(i) Any damage, loss or injury (including third party damage, loss or injury) arising from any product or service sold by you at the HMC Market;
(ii) Any claim for damage or loss or injury (including third party damage, loss or injury) caused by any act or omission by you, your invitees and attendees; and
(iii) any demand, claim, including a claim for legal costs, action or proceedings made, commenced or issued by or against you arising from any product sold or service provided by you or any act or omission by you or your agents and invitees.
6. Our responsibilities
6.1 The acceptance of any application to register with HMC and the allocation of market spaces at HMC markets are at the sole discretion of HMC.
6.2 HMC make no representation or promise as to the following:
(i) That you will receive any market space at any HMC market;
(ii) The number of attendees expected at any HMC market;
(iii) Any anticipated revenue or sales by you at any HMC market.
(iv) The location of your stall at any HMC market.
6.3 HMC will not be responsible for any loss (including loss of profits), damage, costs or expenses which you incur, or death or personal injury to you or any other person, as a result of your market space and you indemnify us for such claims or losses.
6.4 HMC will take all reasonable steps to ensure that the HMC Market proceeds as scheduled.
6.5 In the event that a force majeure event (the “FME”) occurs the following will apply:
i) Any agreement between you and HMC is terminated as at the date of the FME;
ii) You and HMC are released from performing any obligation under these terms and conditions following the FME;
iii) The occurrence of the FME does not affect any of your or HMC’S obligations under these terms and condition prior to the FME;
iv) Neither you or HMC will be liable for losses incurred by the other party as a result of the FME and termination of the agreement pursuant to this clause; and
v) Any payment made from one party to the other prior to the FME is non-refundable and neither party will be entitled to demand the refund of any monies paid.
The term Force Majeure means the happening of an event (“FME”) or circumstance which: –
a) Is beyond reasonable control of a party and prevents or delays that party from performing any of its obligations agreed between the parties;
b) Could not have been avoided or overcome by that party by the exercise of reasonable foresight, care and due diligence; and
c) Includes, but is not limited to: –
i) An Act of God including but not limited to earthquake, flood, fire, explosion, landslide, lightning, action of the elements, force of nature, washout, storm or storm warning, natural disaster;
ii) Strike, lockout, boycott, work ban or other labour dispute or difficulty, or the venue owner deciding to cancel, restrict or alter a scheduled event;
iii) Acts of terrorism, civil disturbance, blockade, embargo, sabotage, insurrection, riot, malicious damage, epidemic, pandemic, chemical leak, noxious atmosphere, war or acts of Government (State or Federal),
iv) But excludes: – hardship due to currency fluctuations and change in market conditions or market prices.
6.6 HMC may terminate the contract at any time. This can include before, during or after a HMC market. In the event that HMC terminates the Contract during a HMC Market HMC may take immediate possession and control of your market space if you commit a serious breach of these terms and conditions. HMC reserve the right to restrict, suspend or terminate without notice your access to the website, the Market, any Content, or any feature of this website or Marketplace at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result
6.7 If you are found selling items that do not comply with the terms and conditions of the Contract HMC may:
(i) Require you to remove the non complying items immediately; and/or:
(ii) Terminate this Contract and take possession of the market stall space.
HMC may, if in accordance with a direction by a Government Department or Authority or in accordance with HMC’s policy in respect to the COVID-19 Pandemic (or related national health emergency), cancel or postpone a HMC market.
In the event that HMC cancels or postpones a HMC market the following will apply:
7.1 An amount of $150 will not be refunded. The stall holder acknowledges that this represents HMC’s reasonable costs incurred by HMC.
7.2 Any fee paid by the stall holder greater than the sum of $150.00 will be refunded to the stallholder in the same manner it was paid to HMC for the market.
- In the case of cash or bank transfer payment, the amount will be refunded to the stallholder in accordance with the original payment terms.
- In the case of a credit, the credit will be reapplied to the stallholder’s account for future use in accordance with the original credit terms.
HMC understands that some stall holders may, after payment of their fees, be prevented from travelling to the location of the HMC market. In the event that, due to government imposed restrictions on travel and/or border crossings or isolating due to having Covid or being a close contact, the stall holder is unable to attend the HMC market the stall holder must provide evidence to HMC that the stallholder was impacted by the restriction. If that evidence is satisfactory to HMC, the following will apply:
7.3 The amount of $150.00 will not be refunded. The stall holder acknowledges that this is HMC’s reasonable costs incurred by HMC. The outstanding stall fee amount will be refunded in the same manner this market was paid for.
8. Applicable law
7.1 The laws of the Australian Capital Territory govern this Contract.
7.2 To the extent permitted by law, our liability is limited pursuant to the laws of the Australian Capital Territory.