Market Terms and Conditions

Market terms and conditions

2022 COVID Condition
It is a condition of acceptance that all stallholders, staff and volunteers are FULLY VACCINATED against COVID-19 in order to participate.

Retailer Terms and Conditions
1. All products offered for sale must be made & sold by the registered stallholder. Packaging only is not sufficient involvement. Stallholders who value-add to a product must provide significant creative input to the product and not just apply token additions.

2. Only products listed and approved by the management on the current application may be sold. If you wish to add new items to your stall, a request in writing, with photos, must be approved by the management. You may not sell other people’s goods.

3. Perth Upmarket doesn’t permit retailers using the event for clearance sales. It devalues the other retailers who are trying to sell at full price.

4. Notification of non-attendance of stalls is required. No refund payable for cancellation.

5. Stallholders lose their eligibility if they cancel attendance and will need to reapply

6. Stalls cannot be transferred, sublet, franchised or sold to any other person, nor can they be shared without written approval.

7. Copying the ideas and work of other stallholders may be in breach of creative copyright and is not in the spirit of the market. Any grievances must be in writing.

8. Raffle tickets may not be sold or competitions run unless pre approved by Perth Upmarket.

9. Stallholders are responsible for leaving their site and surrounding area clean & tidy. Boxes & cartons must be removed from market area do NOT use Market bins.

10. Stallholders must confine their displays and signs to the stall site and keep pathways clear for patrons

11. No tents and covers allowed unless approved. Marquees must be white or navy and must be weighted down. Strictly no pegging into the ground.

12. No fixing or sticking anything to pillions or walls.

13. Floor length table cloth is required to cover all sides of any tables. Boxes, bags, crates etc must be out of sight.

14. Stallholders using gas or electrical appliances must have a suitable fire extinguisher or fire blanket on site. Electrical leads must be tagged by qualified tester every 3 months.

15. It is the responsibility of the stallholder to trade in accordance with Market, State and Local Shire regulations. Food stallholders must be registered with each markets local council and pay appropriate council permits. Obtaining and paying for a food permit before the event is the retailers responsibility.

16. It is the responsibility of the stallholder to ensure they conform to any Australian standards pertaining to their product.

17. Loud product promotion by stallholders is not permitted. (including demonstration areas)

18. Stalls must not pack up until the advertised closing time. This is both a safety issue and meeting our advertised obligations.

19. Stallholder products and/or images of products and self may be used in various media to publicise Perth Upmarket, the event and future events. It is the retailers responsibility to ensure that any images provided are approved by the original photographer for our use. If permission is not sought any fees or royalties for the use of the image will be paid by the retailer.

20. Stallholders must be set up between 7am-10am and ready to trade by 10am or 9am for VIP hour days. Pack up must be completed by 5pm.

21. Strictly no parking or unloading on the footpath. No driving on the grass or non drop off areas. Stallholders must use the reserved bays allocated. No vehicles to be left onsite.

22. Perth Upmarket accepts no responsibility for loss or damages to persons, money or goods.

23. Perth Upmarket has the right to withdraw the right to trade of any stallholder in dispute with Perth Upmarket or any persons. Right to trade will be only reinstated if the dispute is resolved to Management satisfaction.

24. Perth Upmarket has the right to reject any stallholder who they believe does not comply with the stated regulations.

25. Perth Upmarket takes no responsibility for weather conditions. Please come prepared for all weather conditions. Eg wind, rain, sun, heat etc.

26. Proof of insurance cover must be provided before the event otherwise set up may be refused.

27. Please note that certain categories are stringently regulated by the ACCC; these include fire warnings on children’s sleep ware, choking hazards, items for children under 3, food products and combustible candle holders. It is vital that you are aware of the mandatory and legally binding safety standards associated with YOUR product and that they are labelled accordingly.

All designers must check the relevant labeling guidelines/regulations pertinent to their product. Standards information can be found under the Product Safety Australia page on the Australian Competition and Consumer Commission website http://www.productsafety.gov.au/content/index.phtml/itemId/970225

The onus is on the retailer to make sure their products comply with the relevant standards. Perth Upmarket takes no responsibility for products/retailers who fail to comply with these standards.

28. Candle Retailers – All retailers with a lit candle display must be have an outside stall due to insurance requirements. If you don’t light your candles then you are able to have an inside stall.

29. Cancellation/ Refund policy - There are no refunds or deferments for cancellation or non attendance once invoice has been paid. Perth Upmarket has the right to withdraw an offer to trade at any time. Perth Upmarket does not accept any responsibility for costs incurred or offer a refund if we cancel an event or withdraw your offer to trade.

30. Insurance exclusion - If you opt for insurance under the Perth Upmarket policy, please note that we do not have cover for body products, food, pet foods or toys and cannot include you under our policy.

31.Force Majeure means the happening of an event (“FME”) or circumstance which: –

Is beyond reasonable control of a party and prevents or delays that party from performing any of its obligations agreed between the parties;
Could not have been avoided or overcome by that party by the exercise of reasonable foresight, care and due diligence; and
Includes, but is not limited to: –
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;
Strike, lockout, boycott, work ban or other labour dispute or difficulty, or the venue owner deciding to cancel, restrict or alter a scheduled event;
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),
But excludes: – hardship due to currency fluctuations; and
Change in market conditions or market prices.
Should an FME occur: –

The contract or agreement between the parties is terminated as and from the FME;
The parties are released from performing any of their respective obligations under the contract or agreement following the FME;
The occurrence of the FME does not affect any of the parties’ obligations under the contract or agreement prior to the FME;
Neither party will be liable for losses incurred by the other party as a result of the contract or agreement being terminated; and
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.