Terms

TERMS & CONDITIONS FOR OPERATING STALL SITES

THE ROTARY CLUB OF BENTLEIGH MOORABBIN CENTRAL INC. A0026789D (‘the Club’) BENTLEIGH SUNDAY MARKET (‘the Market’) Car Park at 1-5 Bent Street, Bentleigh (‘the Car Park’)

  1. TRADING HOURS The Market trading hours are 7am – 12 Noon. Sites may be occupied from 6am for set up. Stalls not occupied by 7am may be forfeited. Stall sites must be packed up and vacated by 1pm.
  1. CATEGORIES OF GOODS PERMITTED FOR SALE

2.1 Traders are permitted to sell second-hand good; goods made by the trader; goods of a non-commercial nature; or goods purchased from commercial wholesalers but which are inferior to those that would normally be sold by retailers; (e.g. Seconds, damaged or redundant stock).

2.2 Traders are permitted sell items of a non-perishable nature packaged in sealed containers, such as jams, preserves, honey, oils or dressings, confectionery, and nuts, that are prepared and labelled in accordance with regulatory requirements. Traders must be registered or notified with their local council and comply with ‘FoodTrader’ conditions.

  1. SECOND HAND GOODS

3.1 Traders of second-hand goods must register with Consumer Affairs Victoria or risk a fine. Visit, Consumer.vic.gov.au/business-licensing-authority, for more information. This does not apply to the sale of personal possessions.

3.2 Traders selling second-hand electrical equipment must attach a label stating that the equipment is second-hand and has been inspected and tested, and is compliant with AS/NZS 3760 or if it has not been tested, it must include a clear statement on the label stating he equipment is second-hand with the additional words ‘Danger- Do Not Use Or Connect To Supply. This second-hand electrical equipment may be faulty and should be inspected by a competent person in accordance with AS/NZS 3760.

  1. GOODS NOT PERMITTED FOR SALE

4.1 The sale of beverages (alcoholic or otherwise) food or other items of a perishable nature, including (but not limited to) fruit, vegetables, bread, or other items for on-site consumption, is not permitted,

4.2 The sale of animals, counterfeit goods, poisonous products, firearms, ammunition, explosives or other dangerous or inflammable goods is not permitted.

  1. COMPLIANCE

5.1 Traders must comply with all relevant laws and any requirement of any authority in connection with the market and the traders’ use of the stalls.

5.2 Traders must comply with all directions by club members or volunteers.

  1. AGENT

The club is not an agent for any trader and accepts no responsibility for any transaction entered into by or on behalf of the traders at the market.

  1. DISPUTES

The club reserves the right to determine any dispute between traders in so far as any such dispute is in connection with the market or the use and occupation of stall sites and the car park.

  1. RELEASE

The trader uses and occupies the Market and/or Car Park and/or the stall site allocated to them at their own risk and releases the Club from all claims from any damage, loss, death, or injury in connection with the use and occupation of the Market and/or Car Park and/or stall site except to the extent the Club is negligent.

  1. INDEMNITY

The trader must indemnify and hold harmless the Club and its members, staff, and volunteers, against all claims resulting from any damage, loss, death or injury in connection with the Market and/or Car Park and/or stall site by the trader except to the extent that the Club is negligent.

  1. MARKETING

The club reserves the right to publish photographic images of traders and/or their stall sites taken at the Market for use in promotional material.

  1. RUBBISH

Traders must keep their stall sites and surrounding areas free from rubbish and litter at all times. All rubbish and unsold goods must be removed from the site and must not be disposed of in nearby private shop bins.

  1. PARKING

Traders may park vehicles within the stall site allocated to them or in designated on-street parking spaces in the locality of the carpark. Vehicles may not be park in vacant stall sites.

  1. VEHICLES

Traders are not permitted to use vehicles within the Car Park after 7am or remove vehicles from the Car Park until 12 Noon unless directed by Club members or volunteers or in the case of a medical emergency or adverse weather.

  1. SMOKING

Smoking is not permitted in or at stall sites.

  1. ANIMALS

Animals are not permitted in the market other than dogs which are on lead and under effective control.

  1. CONDUCT.

Traders must behave in a courteous and respectful manner towards members of the public, other traders, Club members and volunteers

  1. CRIMINAL OFFENCES. Traders that are suspected of committing a criminal offence will be reported to the police.
  1. USE OF STALL SITES.

Traders may only operate within their allocated stall site. The use of walkways between stalls and adjoining vacant stalls for the placement or storage of goods is not permitted.

  1. CANCELLATIONS /RE-LOCATIONS

The Club expressly reserves the right to cancel any booking of a stall and/or re-allocate a stall site irrespective of the stall site number indicated on a trades ticket in circumstances where the club considers a booking or allocation to be detrimental to the market, to the car Park, or to other traders, or if a vehicle is parked in a booked site. The Club also reserves the right to cancel any booking in circumstances where a trader has submitted false or misleading information. If the Club cancels a booking a refund will be given of any stall fees paid.

  1. ADVERSE WEATHER.

20.1 The Club will operate the market in a variety of adverse weather conditions and Club members or volunteers will remain in attendance irrespective of the adverse conditions. Traders are advised to provide their own protection against the elements.

20.2 In the event of continuous rain or other severe weather conditions, traders must decide by 8.30am if they wish to continue to trade. If traders opt to leave the market, they must vacate the Car Park by 9am. There will be no refunds, discounts, or exchanges for future stall hire. If traders opt to continue to trade, their vehicles must remain in the Car park until 12 Noon. Traders without vehicles may leave at any time.

  1. BREACH

Any breach of these conditions by the trader may, at the option of the Club, result in the booking or allocation being withdrawn and /or future bookings not being accepted.

 

Trybooking Customer Terms and Conditions can be viewed at: http://www.trybooking.com/info/customer-terms-and-conditions.

EQUIPMENT HIRE TERMS & CONDITIONS

1. Availability: Trestle tables & clothing racks (Equipment Hire Item(s)) are available on first come, first served basis at the Bentleigh Sunday Market office near front entrance.
1.1 Equipment Hire Item(s) can’t be reserved in advance.

2. Cost: The Rotary Club of Bentleigh Moorabbin Central inc (The Club) will provide stall holders (The Trader) an Equipment Hire Item(s) in exchange for the rental fee of $10 each.
2.1 There shall be no refunds in part or full if The Trader returns the Equipment Hire Item(s) before Market trading has ceased at 12 noon. (due to adverse weather, personal issues, or other factors)

3. Rental Term: Equipment Hire Item(s) are to be returned to the Market office by The Trader commencing at 12 noon.

4. Responsibility: It is the responsibility of The Trader to ensure that Equipment Hire Item(s) are displayed/secured in such a manner as to prevent tripping hazzards and/or movement by sudden gusts of wind.
4.1 The Trader is required to transport Equipment Hire Item(s) to and from their stall. Those requiring assistance may have to wait for available Rotary staff.
4.2 Equipment Hire Item(s) must be used within stall boundaries.
4.3 The Trader shall pay replacement costs for Equipment Hire Item(s) damaged or lost due to their negligence.

5. RELEASE: The Trader uses the Equipment Hire Item(s) allocated to them at their own risk and releases The Club from all claims resulting from any damage, loss, death or injury in connection with the use of the Equipment Hire Item(s) except to the extent that The Club is negligent.

6. INDEMNITY: The Trader must indemnify and hold harmless The Club and its members, staff and volunteers, against all claims resulting from any damage, loss, death or injury in connection with the use of the Equipment Hire Item(s) by The Trader except to the extent that The Club is negligent.

WARNING: Once clothing racks are filled with items, they may become top heavy and prone to tipping over, especially during sudden gusts of wind. We advise that The Trader secure The Equipment Hire Item(s) properly.