FESTIVAL TRADER TERMS

​​By submitting an application you are confirming that, if your application is successful, you agree to our full Festival Market Trader Terms below.

Where the below states 'Cornwall Shop Small' or 'we' it includes Cornwall Shop Small, our market partners and our contractors.

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1. GENERAL

1. All traders must apply using the relevant Trader Application form on our application management platform Eventaly, linked above.

2. Submitting an application and meeting our criteria does not guarantee you a pitch. We allocate pitches according to how closely applications meet our criteria and we look to create a balance of products across each market.

3. Applications for the our Festival Tour are open for set dates as detailed on the applications page OR when an event is full if this is earlier. In some instances the application system may show that applications are open beyond the close date so we can process current confirmed applications and applications made after the standard close date may be automatically declined or waitlisted.

4. You will be notified by email regarding your application status within the timelines detailed on the applications page. 

5. Where an application is unsuccessful no feedback beyond the information in the status email can be provided.

6. We reserve the right to invite any trader of our choosing to an event. While our events are curated with category balance and product competition in mind we do not accept any liability for any product or brand similarities.

7. While we don't have legal or IP expertise or the capacity to regulate this we will take complaints of plagiarism seriously. Legal rulings on plagiarism will be upheld (in our Market curation) where the information is shared with us. Aside from that our decision will be informed by a judgement of the provided evidence from the relevant parties. 

8. Applicants and successful traders are responsible for checking their email and junk folder for all communications. We do not accept liability for any missed email communications, it is your responsibility to check your junk folder and to inform us if you believe you are missing any communications.

9. You may not trade without permission.

10. Full set up notes will be shared with successful applicants and these set up notes must be adhered to including information on vehicle access times, routes, speeds and any safety regulations. Stand locations are non negotiable and may change right up until event open.

11. You must be ready to trade by Market opening time and must remain open for trade until the end of the market, unless otherwise instructed by the Market Team.

12. You can only sell products from the category detailed in your application. Any changes to your stock after applications have been approved must first be cleared with Cornwall Shop Small by email on hello@cornwallshopsmall.co.uk.

13. Any food, goods or services offered for sale to the public must be legal. e.g. you may not sell pirated copyrighted materials, age controlled items, potential weapons or other items which the Market Team deem inappropriate, e.g. material that may incite racial or sexual hatred. We reserve the right to revoke your place at the market immediately, without refund, if we believe your products do not adhere to these requirements. 

14. Any food, goods or services offered for sale to the public must not present a hazard to the trader, event staff or the public. By taking part in our market, you take full responsibility for ensuring your products adhere to any legal requirements that may apply. If it is deemed that your products do not meet these requirements you may be asked to cease trading and leave and will not be refunded.

15. Glass products or servers are not allowed at any of the Festival Tour sites. Any glass products or servers must be cleared by prior written permission.

16. Traders are liable for any damage, injury or other incident caused by stock or equipment on their stall. Traders must ensure that their stall and/or set up is safe to use on market day.

17. Cornwall Shop Small is not involved in the transaction between you, the trader, and the buyer at any of our in real life events, pop ups or through the Online Directory. Any purchase, return or exchange of a product is made directly with the buyer. 

18. Cornwall Shop Small take no responsibility for any equipment we supply to any trader; all equipment including tables need to be checked over by the trader before they are used. If a stallholder has any safety concerns about any of the equipment supplied these need to be raised immediately, on market day.

19. Cornwall Shop Small may take videos and photographs at the events for the purpose of promoting our events, the directory or other work. By attending an event you are giving consent to appear in these images or videos.

20. If you act inappropriately or disrespectfully towards any of the Cornwall Shop Small team, our market partners, contractors, other traders, event visitors or members of the public we reserve the right to ask you to leave the event and you will not be refunded.

21. Most of our events include food and drink traders and other products that may include allergens or ingredients that could cause an allergic reaction. It is your responsibility to alert us, other traders and members of the public to any allergies you have, and to take the necessary precautions to keep yourself safe.

22. Wifi access is not provided as standard so please make sure you have the ability to hot spot from your phone or device if you need internet access. Where wifi is included in your stand charge it will be noted on the relevant applications page but please note that Cornwall Shop Small does not accept any liability for the result of internet loss.

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2. TRADER INSURANCE

1. Traders must have and carry with them public, and if relevant, product and employers liability insurance while trading at the market. Public Liability should be no less than £2 million for all traders, £3 million for traders of consumables and £5 million for traders who cook or heat food on their stand (not applicable at our Festival events).

2. It's recommended that you complete your own risk assessment to help you identify any issues and seek expert advice about the level and type of insurances your business requires beyond our criteria.

3. A copy of your PL might be requested at any point during set up or trading so please make sure you have a paper or digital copy accessible. Without this, you may not be permitted to trade.

4. By agreeing to the trader terms when you apply you are confirming that you have the relevant insurances.

5. Traders agree to indemnify Cornwall Shop Small and its’ affiliates and their partners, officers, directors, employees, representatives, agents, contractors and volunteers, from and against any and all damages, claims, losses, demands, costs, expenses (including professional fees and costs) suffered or incurred directly or indirectly.

6. Cornwall Shop Small take no responsibility for any loss or damage to your stock on the day of the market, including damage, theft or stock loss caused by customers or equipment. Any claims need to be made through your own insurance.

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3. PAYMENTS & TRADER CANCELLATIONS

1. Where an application is successful a stand invoice will be issued after the acceptance is sent, usually within 3 days.

2. Your invoice will include your stand charge and any applied for charged additional items where available.

3. Your invoice will also include any relevant directory charges where applicable.

4. 25% of your stand fee is due as a deposit within 7 days on the invoice issues.

5. The remaining 75% balance will be due 28 days / 4 weeks before the event.  

6. Your stand is not confirmed until full payment has been made and if you do not make payment by the invoice deadlines you will lose your stand unless by prior to deadline written agreement via email at hello@cornwallshopsmall.co.uk.

7. Payments must be made via the invoice link which will be emailed to you.

8. Should you no longer be able to take part, simply cancel your place on the 'Your Applications' link from the applications dashboard on our application management system, Eventaly, which will free up the space for another trader.  It’s essential you also email hello@cornwallshopsmall.co.uk if you do this.

9. If cancellation occurs before your deposit payment nothing is payable. 

10. If cancellation occurs after your deposit payment but before the final payment is due your deposit payment will be retained.

11. If cancellation occurs after final payment and it is at least 4 weeks before the IRL event we will do our best to fill your stand with someone from the waitlist and if we can do this we will roll your stand balance payment onto a future mutually agreeable event and retain your deposit payment.

12. If there is a trader 'no show' you are liable for your full stand payment.

13. If you have a credit with Cornwall Shop Small it will be applied to any successful application booking invoice but any use of credits will be treated in line with the terms above so as a payment according to the deadlines above.

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4. FESTIVAL MARKET OR FESTIVAL CANCELLATION

1. ​The Festival Markets take place in marquees and are therefore vulnerable to forecasted severe weather and other incidences of Force Majeure which may render it unsafe to operate the event.

2. If the weather forecast details severe weather and/or wind speeds above the tolerance level for our structures then the market cannot go ahead and will be cancelled on the advice of the local Meteorological Office and/or the local authorities or emergency services. 

3. A decision will be made with Festival Organisers.

4. Traders will be informed of any weather related cancellations as early as possible (bearing in mind the changeability of the local forecast) and by 5.30pm the day before the Market at the latest, accepting where it is necessary to make a decision at a later time. In the unlikely event that a Market has to be cancelled for any other reason beyond our control traders will be informed as soon as possible.

5. Cancellation information will be shared with relevant traders via email, via the application system Eventaly, in the first instance so traders are required to regularly check their email for updates.

6. Cornwall Shop Small and its’ affiliates and their partners, officers, directors, employees, representatives, agents, contractors and volunteers are not liable for any costs incurred by traders due to a cancellation – traders should organise their own insurance policy to cover this.

7. In the event of a Market cancellation due to adverse weather or other Force Majeure all traders will be offered a stand at a future mutually agreeable event.

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5. PRESENTATION & PROFESSIONALISM​

1. All stands must be well presented, well secured and laid out with trader and public safety in mind. The Market team can request the removal of any items that do not meet this criteria and failure to comply may lead to you not being able to trader at future events. 

2. All stand set ups must be within the confines of your stand space and that you must layout your stand to allow access for you / any stand help from the front.

3. The outdoor nature / uneven ground of the Market means that certain types of signage, such a pop up banners and flags, may not be suitable for use and is at the discretion of the Market team.

4. Please note that traders are not permitted to smoke within the market vicinity, this includes in front of or behind any of the stands or within the marquee.

5. Pets and children (under 18) should only be behind your stand with prior permission, proper supervision and absolutely no under 18s are allowed on site during set up and take down.

6. Pets are not allowed on site at any time with the exception of guide dogs by prior written permission with the festival team.

7. All traders must be polite and professional in their dealings with each other, the Market team and public at all times, any complaints will be investigated and could lead to you not being able to trade at future events. This extends to everyone involved in organising the Festivals.

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6. REGULATIONS (INCLUDING FOOD & DRINK / ALCOHOL)

1. All traders must comply with all city & county council requirements and national legislation regarding trading standards, health & safety and the labelling of any products where relevant.

2. You can find some basic gov guidance on labelling for certain products HERE. It is the traders responsibility to label their products correctly where required.

3. All electrical equipment plugged in anywhere at the Market must be less than one year old from purchase with proof of purchase date OR have been PAT tested with certification within 1 year.  Proof of this might be requested at any point during set up or trading so please make sure you have a paper or digital copy accessible.

4. Any food or drink traders will need to make sure they have the relevant Food, Health and Hygiene Certs in place to satisfy their trading requirements as set out by the Council. Food Hygiene Certs must be 4* and above.

5. Food/drink ingredients must be listed when made up of more than one item and clear allergen information should be available. Traders must adhere to the Natasha’s Law requirements for pre-packaged food – more information can be found HERE.

6. Where food is unpackaged or packaged on site at least one trader per stand of all food products needs Health & Hygiene level 2 certificate, to be within 3 years. All other on stand help should have training and ongoing guidance / supervision from the certificated trader.

7. Traders of food and drink products that is unpackaged or packaged on site or is for on site consumption need to be registered with Cornwall Council Environmental Health Dept. and follow their guidance.

8. Traders of alcohol or alcohol based products must have their own personal license and need to apply for a Temporary Events Notification for the real life Market day(s). Applications can be made at HERE. Email hello@cornwallshopsmall.co.uk to request location details for your TEN application. Not relevant for Festival Tour as alcohol traders are not allowed.

9. Traders using gas for heating / cooking food must have any equipment covered by a current gas safety certificate and perform their own manual inspection before use. Not relevant for Festival Tour as heated food traders are not allowed.

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​7. TRADE WASTE

1. Traders are responsible for removing ALL waste that their activities generate. This includes all food waste, packaging, unsold stock etc.

2. Traders must provide litter bins where sales will result in public rubbish.

3. Traders must clear up and remove from site ALL waste generated by their pitch after the event.

4. You must not place any waste in the festival or commercial bins.  The pitch must be left as found.

5. Note that the trader will be held responsible for any cost incurred by the event organiser in returning the pitch to the state it was found. Traders will be charged if you are found to have left any waste at the market.

6. Street Food or Drink traders must mitigate against spillages by covering the ground of their pitch with suitable flooring (non slip / trip and non-permeable covering the whole area and have a suitable spill kit, to ensure the ground is left as found. 

7. Any stains or damage to the ground or pitch area at the end of the day will need to be removed at the Traders cost and will carry the risk of not being able to trade with us again.

8. Street Food/drink traders must not dispose of any fats or oils on site. Traders must make provision for removal of used fats and oils from their pitch area at the end of the day. We encourage all traders to ensure that they dispose of waste oils responsibly. ​

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-ENDS-​​​​​​