Ringwood East Market - Terms & Conditions

TERMS AND CONDITIONS RINGWOOD EAST COMMUNITY MARKET

GENERAL TERMS

  1. The RINGWOOD EAST TRADERS ASSOCIATION INC [ABN: 64476381406] (‘RETA’) operates the RINGWOOD EAST COMMUNITY MARKET (‘the Market’) located in Railway Avenue Ringwood East (‘the Station Car Park’).
  1. These Terms and Conditions apply to all persons operating stall sites at the Market.
  2. For the purposes of these terms and conditions, “person” includes any person who applies for a stall (‘Applicant’) and any person who occupies that stall for the purpose of selling any goods regardless of whether they are the Applicant or not. A person includes a corporation.
  1. These Terms and Conditions may be amended from time to time at the sole discretion of RETA including by the addition, deletion or variation of terms and conditions.
  1. Where RETA amends the Terms and Conditions it will post them on its website within a reasonable time. Applicants will be deemed to have agreed to the amendments by continuing to maintain a stall at the Market.
  1. RETA reserves the right to publish photographic images of Applicant stallholders and/or their stall sites taken at the Market for use in their promotional material.

COMPLIANCE AND CONSEQUENCES OF BREACH

  1. Applicants must comply with all relevant laws and any requirement of any authority including Council in connection with the Market and the use of the stall sites.
  1. Applicants must comply with all directions given by persons representing RETA.
  1. Any breach of the Terms and Conditions by an Applicant may, at the absolute discretion of RETA, result in the booking and/or allocation of a stall site being withdrawn and/or further bookings of stall sites not being accepted.

NO ENTITLEMENT TO A STALL AND RETA RIGHT TO DETERMINE DISPUTES

  1. An Applicant has no right to a stall and the allocation of a stall is at the sole discretion of RETA which is not obliged to provide any reasons for its decision(s).
  1. Where an Applicant is granted a site for a stall, the Applicant’s allocation of a stall and its ongoing use is subject to the Applicant agreeing to and continuing to comply with the Terms and Conditions.

Terms and Conditions.

   12. Where RETA considers a booking or allocation to be detrimental to the        Market or the Car Park or to other stallholders, or if vehicles are parked in booked stall site(s), RETA expressly reserves the right to

  • cancel any booking of a stall site; and/or
  • reallocate a stall site; or
  • cancel any booking in circumstances where a stallholder has submitted false or misleading information.
  1. RETA reserves the right to determine any dispute between Applicants in so far as any such dispute is in connection with the Market or the use and occupation of stall sites and/or Car Park.

PRECONDITIONS TO OPERATING A STALL

    14.   a) Applicants must ensure that their activities (both actions and omissions) do not endanger the safety or security of any persons at the Market.

            b) All Stall holders are required to provide their own Public Liability                  Insurance (20 million) and show a certificate of currency to the Market Manager prior to or at the market. 

  1. Applicants must report to persons representing RETA any incident or accident to any person or property that involves a risk to health and safety, injury, loss or could otherwise be expected to give rise to a claim.

PAYMENT OF THE FEE 

  1. At the time the Applicant is advised that it has been allocated a stall it must pay the required fee (“the fee”).

TRADING HOURS AND WEATHER CONDITIONS

  1. The Market trading hours are 8am  – 1pm. Stall sites may be occupied from 6:30am for set up - no vehicle access into site after 7.45am (except emergency vehicles)
  1. Stall sites not occupied by 9am may be forfeited without refund.
  2. The Applicant must pack up its stall site so that the Market area is returned to a public car park by 2:30pm.
  1. RETA will operate the Market in a variety of adverse weather conditions. Applicants are advised to bring their own protection against the elements. There will be no refunds unless the market is canceled.

STALL SITES

  1. Applicants may only operate within their allocated stall site. 
  2. Applicants have no right to sublet or resell to any other person a booked stall without the consent of RETA.
  1. Applicants must keep their stall sites clean and orderly and the surrounding areas free from rubbish and litter at all times. All rubbish and unsold goods must be removed from the Market and/or Car Park promptly and at least by 2:30pm.
  1. All stall equipment including racks, tables, signage etc. must be contained to the stall site boundaries. Public access ways must be clear at all times.
  1. Marquees, covers and all stall equipment must be erected securely and weighted or secured at all times.
  1. All equipment must be in good repair and be operated in a safe manner.

STANDARDS OF CONDUCT

  1. Applicants must behave with courtesy and respect towards members of the public, other stallholders, persons representing RETA and volunteers.
  1. Applicants must not consume alcohol or drugs at the Market and must not attend their stall if they are in any way impaired by alcohol or drugs.
  1. Loud product promotion by Applicants is not permitted.
  2. Applicants are expected to take their waste with them when they leave the stall site and are NOT to dump or otherwise dispose of their waste or unsold goods in the waste bins provided at the Market.
  1. RETA reserves the right to refuse admission to the Market to any person without giving any reason and to eject or cause to be ejected any person and/or his/her goods and chattels without giving any reason. This decision is final and binding.
  1. Applicants suspected of committing a criminal offence will be reported to the police.
  2. Firearms are NOT permitted in the Market.

CATEGORIES OF GOODS PERMITTED FOR AND PROHIBITED FROM SALE

  1. RETA has sole and absolute discretion to decide which products are permitted to be sold within the Market and is not obliged to provide any reasons for its decision(s).
  1. Applicants are not permitted to sell:

(a) Animals, poisonous products, prescription medication, make-up products, illegal goods, pornography, firearms, ammunition, explosives, weapons including knives, dangerous goods, counterfeit or copied goods.

(b) Goods which may be considered, in RCB’s sole and absolute discretion, to be offensive to the general public. The determination of whether goods may be considered to be offensive to the general public is final and binding. No reasons for RETA's determination will be provided and no discussion will be entered into.

GUIDANCE ON SECOND-HAND GOODS, LEGAL OBLIGATIONS AND STANDARDS

  1. By applying for a stall the Applicant accepts responsibility for all of its legal obligations under any Acts, Regulations, By-Laws, Codes, Guidance and Standards or other sources of legal duties and any other legal requirements relevant to the sale of its goods including the law of negligence. The Applicant understands and accepts that it is strictly liable for the legal obligations and that lack of knowledge is not an acceptable excuse or defence.

Guidance

Second hand goods and Registration Requirements

Applicants who carry on the business of buying, selling, exchanging or otherwise dealing with second-hand goods must register with Consumer Affairs Victoria or risk a fine. There are exemptions to the need to register such as where you only trade in ‘exempt goods’ as set out by Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008 (Vic). For further information about exemptions see:

https://www.consumer.vic.gov.au/licensing-and-registration/second-hand-dealers-and-pawnbrokers/registration/exemptions

However even where an exemption to registration may apply an Applicant must comply with the obligations as set out by Consumer Affairs Victoria (“CAV”) at:

https://www.consumer.vic.gov.au/products-and-services/product-safety/product-safety-checklist-for-markets

This includes the obligations at other websites referenced there by CAV.

Electrical equipment

  1. Applicants selling second-hand electrical equipment (which includes equipment such as

USB chargers, travel adaptors and power supplies/transformers):

(a) Must comply with the obligations detailed by Energy Safe Victoria at:

https://www.esv.vic.gov.au/industry-guidance/electrical/appliances-equipment-and-manufacurers/selling-appliances-and-equipment

(b) This includes the obligation to attach a label stating that the equipment is

second-hand, and in addition that:

(i) the equipment has been inspected and tested and is compliant with

AS/NZS 3760 - In-service safety inspection and testing of electrical

equipment; or

(ii) where the equipment has not been tested and labelled in accordance

with these requirements it must include a clearly legible statement,

prominently displayed stating in addition to the statement that it is

second hand the additional words as follows:

DANGER – DO NOT USE OR CONNECT TO SUPPLY – THIS SECOND-HAND

ELECTRICAL EQUIPMENT MAY BE FAULTY AND SHOULD BE INSPECTED AND

TESTED BY A COMPETENT PERSON IN ACCORDANCE WITH AS/NZS 3760

MOVEMENT AND PARKING OF VEHICLES IN THE MARKET AREA

  1. Applicants are not permitted to use vehicles within the Market after 7.45am or to remove vehicles from the Market area until 1pm unless directed to do so by Market management.
  1. When vehicles are moved during permitted hours, movement within the Market must be made with great care, but in particular by Applicants driving vans or vehicles with limited visibility of their surrounds or those with trailers impacting on their maneuverability.
  1. Pedestrians ALWAYS have the right of way.
  2. RETA is not in a position to and does not provide traffic control. Some RETA volunteers may attempt to assist with traffic congestion at exits or other areas. However RETA volunteers are not trained in traffic management and at all times drivers of vehicles carry full responsibility for safety.
  1. Drivers should drive at a walking pace, not to exceed 10kph, within the Market area.
  2. The driver is totally responsible for the parking and movement of the vehicle and/or any trailers. Reliance on any third party for direction, signalling or guidance does not diminish the driver’s responsibility.
  1. Applicants may park their vehicle within the stall site allocated to them or in the off site stallholder parking.
  1. Applicants must not park vehicles:

(i) in other vacant stall sites or in any other area within the Market;

(ii) In contravention of parking restrictions within the locality of the Market. There

are no parking exemptions for Stall Holders.

RETA IS NOT AN AGENT

  1. RETA is not an agent for any Applicant and accepts no responsibility for any transaction entered into by or on behalf of an Applicant.

RELEASE AND INDEMNITIES

  1. The Applicant uses and occupies the Market and/or Car Park and/or the stall site allocated to him or her at his or her own risk and releases RETA from all claims, causes of action, complaints, liability, demands, costs or expenses that any person might have in connection with or arising in any way from the use and/or occupation of the Market and/or Car Park and/or stall site by the Applicant or people acting for or on behalf of the Applicant.
  1. The Applicant indemnifies and holds harmless RETA, including Market management, staff and volunteers, against all claims, causes of action, complaints, liability, demands, costs or expenses that any person might have in connection with or arising in any way from the use and/or occupation of the Market/and or Car Park and/or stall site by the

Applicant or people acting for or on behalf of the Applicant.

  1. The Applicant indemnifies RETA for any action against it for stolen or illegal goods sold by the Applicant.

INDUCTION

This Site Safety Induction conveys important information regarding the site that you are going to work on, the working methods you are required to undertake and details of how to ensure that everyone’s health and safety is considered and protected.

While as a Stallholder you must:

  1. a) take reasonable care for his or her own health and safety;
  2. b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons, including your staff (including family members & friends);

ALL PERSONS HAVE A RESPONSIBILITY AND OBLIGATION TO ACT AND WORK IN A SAFE MANNER AT ALL TIMES (DUTY OF CARE).

Accident and Incident reporting

Everyone has a responsibility to themselves and others to observe the safety rules and regulations that are in force on this site.

All Stallholders and their staff are required to:

Observe safety requests from the Market Manager and/or Officer in Charge;

Comply with all safe working practices and procedures;

Immediately report to the Market Manager and/or Officer in Charge any potential workplace hazards, mishaps, incidents or injuries;

NEVER use unsafe or illegal practices; and

Ensure no other person or themselves are placed at risk.

All accidents, incidents and near misses must be reported to the Market Manager and/or Officer in Charge even if they do not result in injury or damage.

In the event of injury, first aid or medical treatment must be obtained. Failure to report and obtain treatment may lead to complications of the injury.

In the event of a serious injury:

Do not panic;

Ensure the safety of yourself and others around the area;

Contact emergency services “000”;

Advise of where the emergency is, what has happened, what is being done, who is calling;

Do not hang up unless told to do so;

Then advise the Market Manager and/or Officer in Charge as soon as you can;

Ensure the injured person/s is in no further danger and make sure they are comfortable; 

Do not move the injured person/s unless they are in a life threatening situation; and 

Ensure airway is clear.

EMERGENCY PROCEDURES

In the event of an emergency you will be directed by the Market Manager and/or Officer in Charge.

It is imperative that in the event of an emergency you:

Do not panic;

Do not run;

Assist others if required;

Follow instructions

First aid is located in front of the Scout Hall as shown on the Market Site Plan during the set up, when the market is in operation and during the pack down.

Alcohol and Drugs

It is prohibited for any Stallholder and their staff to be under the influence of alcohol or illegal drugs whilst on site.

Amenities

Toilets are located behind the IGA supermarket.

Electrical

No power, mains or portable is to be used on any stall

Housekeeping

Everyone is responsible for ensuring the site is kept in a safe and clean condition to minimise risks to health and safety.

All Stallholders must abide by the following:

Stack materials so as to provide clear access at all times;

Treat the site with care;

Report any potential hazards to the Market Manager and/or Officer in Charge;

All rubbish and waste material from your stall is to be removed offsite.

Incident Reporting

It is the responsibility of everyone to ensure incidents, hazards and/or near misses are reported to the Market Manager and/or Officer in Charge. Details of any incidents, hazards and/or near misses must be documented.

Lost Children

If a child approaches you and tells you that they are lost, or someone brings a lost child to you, you must take responsibility. You should immediately inform the Market Manager or Officer in Charge of the process of reuniting the child and parents.

Manual Handling

Use a partner where loads are deemed to be too heavy for 1 person;

Do not lift anything if you are not confident you can do it.

PPE (Personal Protective Equipment)

All Stallholders and their helpers are responsible for protecting themselves against UV rays and

ensuring they are kept hydrated.

Vehicles

It is not permitted under any circumstance for vehicles to be driven or moved in

the Market area whilst the Market is operational from 8.30am to 1pm, barriers will be in place during these times.

The following must be adhered to:

Report any issues to the Market Manager and/or Officer in Charge immediately;

Obey speed limit of 10km at all times – walking pace;

Not operate Vehicle if under the influence of alcohol or drugs;

Seat belts must be worn where fitted;

This document is a health and safety document and should be read in conjunction with the above Market Terms and Conditions

Ringwood East Community Market - Site Plan & Traffic Management

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