Full Terms and Conditions for Stallholders
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please email us at firstname.lastname@example.org.
1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you).
2. We are CCM Events Ltd trading as The Little Children's Market a company registered in England and Wales under number whose registered office is at 17 York Drive, Grappenhall, Cheshire, WA4 2EJ with email address email@example.com. (the Supplier or us or we).
3. These are the terms on which we sell all Services and goods to you. By booking any of the Services, you agree to be bound by these Terms and Conditions.
4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services;
6. Event Location means the location where the Services are to be supplied, as set out in the Order;
7. Order means the Customer's order for the Services from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation;
8. Services means the services or events, of the number and description set out in the Order.
9. The description of the Services is as set out in our website, catalogues, brochures or other form of advertisement.
10. All Services are subject to availability and are non-transferable and non-refundable.
11. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
12. You must co-operate with us in all matters relating to the Services, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
16. All items sold at an event must be accurately and clearly described. Any defects must be detailed and where appropriate, shown in pictures. All toys and baby items that require batteries must be offered for sale in full working order with batteries installed. Failure to do so may result in the cancellation of the sale. If we incur costs as a result of the cancellation, we reserve the right to recover these costs from you.
17. All items must be safe and fit for sale. All items sold must be owned by the seller, or the seller must have the express permission of the owner to sell them.
18. Stallholders will be financially accountable for any damages they cause to the market venue. Stallholders must not affix items to any wall, door, floor, curtain or any other part of the building, in any manner, during the event. Items should be carried and cannot be dragged or pushed across the floors of the venue. If you cannot pick up an item by yourself, you should not bring it to the event
19. Stall holders cannot sell items or services unrelated to maternity, babies or young children. Any items which are deemed to be broken, in poor condition, dangerous and in breach of Health and Safety legislation or trading standards advice cannot be sold. We reserve the right to request that items be removed from sale if it is felt they do not adhere to our terms and conditions. We do not allow the sale of used under garments or car seats at our events.
20. Stallholders are responsible for their own stall security and monies. We take no responsibility for theft, loss or damage to items. We accept no liability for the theft, loss or damage of any personal items for sale from the stallholder’s stalls or other items within the boundaries of the event. All persons who enter the market area do so at their own risk.
21, Stallholders are responsible for the safety of their table/stall, i.e. setting items up in a safe & secure manner to avoid accidents and the stallholder agrees to indemnify us against all claims arising out of negligence on the part of the stallholder and/or their helpers. Stallholders are responsible for all activities that take place on their stall throughout the event and any actions that could affect others as a result of their activity. Stallholders who do not adhere to these guidelines will be asked to leave the event.
22. The stallholder agrees to indemnify us against all claims for damages or injury to the property or person of any persons in respect of any claim by any such person arising out negligence on the part of the stallholders and of any faulty or dangerous products sold by the stallholder or his agents or servants. We accept no responsibility for sellers' or buyers' property on the day of the event and accept no liability for loss or damage however caused. All persons who enter events do so at their own risk.
23. All stall holders are responsible for being compliant with any Law, By-law, Regulation, Act or Statute. We shall not be held responsible for any non-compliance.
24. All business stallholders MUST forward a copy of their certificate of Public Liability Insurance to us prior to the market day.
Basis of Sale
25. When an Booking has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
26. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
27. We reserve the right to refuse admission to the market to any person without giving any reason for the same and to eject or cause to be ejected any person and/or his/her goods and chattels without giving any reason for the same.
Fees and Payment
28. The fees (Fees) for the Services, is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
29. Fees and charges do not include VAT at the rate applicable at the time of the Order.
30. Payment for Services must be made at least 7 days in advance of the service (event). You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
31. Bookings for events are non-transferable and non-refundable.
32. We will provide the Service at the scheduled time and location.
33. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
34. We reserve the right to decide the arrangement and allocation of stalls on market days. Tables will be numbered and stallholders should not change the table numbers or layout.
35. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
37. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
38. We are a Data Controller of the Personal Data we Process in providing the Services to you.
39. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
40. For any enquiries or complaints regarding data privacy, you can e-mail: firstname.lastname@example.org.
Successors and our sub-contractors
41. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
42. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.
43. Force Majeure: 'Force Majeure' means any circumstances which are beyond our control and which are reasonably likely to affect the successful delivery of an event. Including, but not limited to any of the following:
Acts of God, fire, flood, earthquake, storm or other natural disaster or adverse weather conditions;
any damage or other emergency relating to the Venue, or collapse of building structures; closure of roads or cancellation of any local travel services to the event; interruption or failure of utility service, including but not limited to electric power, gas or water; fire, explosion or accident; epidemic or pandemic;
any law or government order, rule, regulation or direction, or any action taken by the government or public authority; any labour dispute, including but not limited to strikes, industrial action or lockouts.
a. We will use reasonable endeavours to give you reasonable advance notice if we believe a Force Majeure event may affect the event requiring its cancellation or postponement. In such circumstances, we will seek to find a suitable alternative date or location for the event.
b. If we are required to change, cancel or postpone the event as a result of a Force Majeure event, we shall use all reasonable endeavours to seek alternative dates or a suitable alternative venue to hold the event.
c. If we are prevented, hindered or delayed from performing any of its obligations under the Contract by a Force Majeure event, we shall not be liable for any such failure or delay in seeking alternative dates or locating suitable venues. You shall remain liable for the booking fees paid, stallholders/advertisers will not be an issued with a refund but will be able to transfer their booking to a future event at no extra cost.
44. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
45. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
46. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
47. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.