Terms & Conditions
WHAT YOU NEED TO KNOW
South Village Market (ABN 55 220 117 971) has set out in this document its standard terms and conditions of business, which, together with the Application, will apply to all arrangements with Stallholders.
The terms 'trader' and 'stallholder' are of equivalent meaning for the purposes of this document.
South Village Market or “The Market” are also referred to as SVM throughout the document.
The Term “Market day” refers to the operating market.
The Term “Site” refers to the allocated position within the market in which the stallholder is permitted to trade.
The Term “Stall” refers to the commercial set-up used by the stallholder to conduct their business.
Stallholders must comply with these conditions (which may be amended and updated by publication on our website from time to time), any directions of the Market Manager and any statutory or similar obligations placed upon them. Stallholders confirm their acceptance of these terms in writing, by countersigning a copy of these terms, by applying to come to a market via the internet, or by attendance at any of our markets.
At all times, South Village Market reserves the right to exercise its absolute discretion in all matters related to the management, administration and operational viability of the Market affecting all attending stallholders.
1. Product Mix and Prohibited Goods
SVM Management will approve all products for sale and the stallholder will abide by this approval; SVM Management reserves the right to approve all or a limited selection of the products and services proposed in your application. We also have the right to revoke (at any time) consent or otherwise of your products and services. Any new products to be introduced must be approved by SVM management in writing. This is to protect the good reputation of the market and to ensure that all stallholders have the best access to trade.
We do not allow the sale of alcohol, soft drink, livestock, dangerous materials or counterfeit goods at our market. Goods such as homewares and fashion items must not display racially adverse or politically inspired graphics, words or images. Should a stallholder attempt to sell any of the above, they will be asked to leave the market immediately and stall fees for that day will be forfeited. They may return on the next market trading day at their own expense, as long as the offending goods or signage have been removed from their product offering. South Village Market retains the right to deny access to the market again should the stallholder be a repeat offender. SVM makes no assertions nor guarantees that stallholders hold any exclusivity. Whilst we always try to maintain a great balance, it is our right to permit stalls for trade at certain events.
2. Who can apply
South Village Market is open to:
Fresh Producers and Growers
Value Added Goods Merchants (jams, sauces, oils etc)
Hot Food Stalls
Flower Growers and Sellers
Fashion Sellers and Designers
Artisans (ceramics, jewellery, paintings, candles etc)
Homewares and Gifts
Children and Baby goods
Fresh juice stalls
Health and Nutrition Products
Children’s activities (Face painters etc)
Stalls promoting your own business or service
3. Stall Position:
Due to the differing market mix each week and our careful curation of stalls, SVM cannot guarantee your stall position (unless you have purchased a specific site via negotiation with management). Stalls who have not booked and who turn up on the day may be allocated a position if there is room only on a first come, first served basis. We do not encourage attending the markets without a booking. We will always try to accommodate your requests - so please direct any to us in writing or simply call!
4. Presentation - Equipment and Marquees
Keeping the market fresh, professional and vibrant is important to ourselves, other stallholders and the community.
Each stall must adhere to safe working policies, keep their products within their defined area (3 x 3m in most circumstances) and clearly display their business name on their gazebo or front of stall. Ideally all stallholders will have a white gazebo with back. As we are currently an indoor market, to maintain an open feel and allow enough lighting to highlight your offering, we do also encourage open stalls. Stallholders must bring all their own tables, table covers, gazebos and equipment. Tables must be covered with clean cloths on all sides, down to the floor level. Please ensure that your stall set up images are included in your application. For stallholders who present on a market day with a set-up differing to the approved stall - you may be asked to vacate for that trading day.
All of your equipment must be safety checked and tagged and is your sole responsibility. Electrical equipment must be tested to Australian Safety Standard AS3760. There is no guarantee of the availability of electricity or continuation of supply. Where it is provided a charge of $10 a day is made.
South Village markets is not responsible for supplying any equipment, marquee or other facility.
We are trying hard to make a difference - for this reason stallholders are requested not to supply single use plastic bags. Packaging and utensils are to be recyclable. Styrofoam is prohibited.
5. Cleaning and reasonable use
Your site must be kept clean at all times. Any damage to your site or to the market caused by you will be invoiced directly to you and need to be paid within 7 days of receipt. Damage includes such things as oil spills, marking walls, destruction of SVM props, damage to the electrical systems based on faulty equipment or unapproved power overloading.
At the end of the market operating day you are to bring all waste and rubbish to the waste room and dispose of it in the appropriate bins. Should we need to clean up after your trading day, you may incur a $15 cleaning fee.
All passageways must be left clear for pedestrian traffic so that customer flow is not inhibited.
No Smoking is allowed anywhere in the South Village Market area, nor within the South Village shopping centre and its immediate surrounds.
Stallholders are prohibited from producing smoke, excessive smells or leaving engines running anywhere in the Market area. This includes running generators unless approved prior to market day by South Village Market.
6. Insurance & Indemnity
All stallholders are required to hold $10 million PLI Insurance. Stallholders’ Certificate of Currency must list South Village Market, as interested parties. Where applicable, stallholders must also present Product Liability Certificates of Currency.
A copy of the Certificate of Currency must be provided to South Village Market Manager via email prior to trading. It is the responsibility of the stallholder to ensure that their PLI remains current at all times when trading at South Village Market.
It should be understood that you are operating within the bounds of a shopping centre (South Village Kirrawee operated by Mirvac Ltd). Our terms of trade are such that South Village Market and the trustees of South Village are indemnified against any or all claims arising from your trade. Your trade at these markets is at your own risk, having assessed the suitability for trade for your specific business. You warrant that you have obtained all legal requirements to carry out your business in accordance with Australian law.
Besides the above, all stallholders must hold all licences and necessary paperwork to operate their business; all products and licence requirements should comply with relevant Federal or State safety and compliance standards.
The stallholder shall hold harmless, release and indemnify and keep released and indemnified South Village Market (and its contractors) from and against all actions, suits, claims, demands, costs, charges and expenses for which the South Village Market or agents may be held liable in respect of loss, damage, accident or injury of whatsoever nature or kind and however sustained or occasioned and weather to property, persons in connection with the use of any stall and any work connected therewith.
7. Food Businesses
If you are intending to serve food at SVM, you are required to have a Food Safety Supervisor Number. Please see: www.foodauthority.nsw.gov.au/industry/fss-food-safety-supervisors/ and
Australia/New Zealand Food Standards Code (ANZFSC).
Any stall selling &/or offering food will need to comply with the requirements of the Australia New Zealand Food Standards Code, NSW Food Act 2003 and NSW Food Regulation 2015 as these are pertinent to your operation. As temporary events these are summarised in the document 'Guidelines for Food Businesses at Temporary Events' which is viewable on the NSW Food Authority's website at www.foodauthority.nsw.gov.au/_Documents/retail/temp_events_guideline.pdf.
Stallholders must not have at their stall more than: one (1) litre approved container with any flammable liquids; one (1) cylinder of not more than 25 litres (9kg) of LP gas in use with one spare (the use and condition of the cylinders must be in accordance with AS1596-1989) at their stall. Any other cylinders containing inert gases must be secured to avoid dislodgement. An approved fire extinguisher and fire blanket must be carried. Ground sheets must be used. Any damage to surfaces must be repaired at the cost of the stallholder. Otherwise than under this rule no naked flames should be burned in the market.
8. Certified Organic & Biodynamic Food & Beverage Producers & Sellers must clearly display the appropriate paperwork on their stall showing proof of claims made. You must also submit this paperwork (inc HACCP certificate).
9. Any seller of meat must provide documentary evidence that the meat was obtained from a licensed butcher, meat wholesaler or butchery and all food vendors must maintain on site inventory of stock, supplier details, invoice and other relevant documentary evidence to facilitate food safety recall, if required.
10. Legislative Compliance
In addition to the Stallholder Application prerequisites detailed in these terms and conditions, all produce/products must meet all the appropriate Federal and NSW Health, Fair Trading regulatory requirements, including rules relating but not limited to:
b. Food produce/product processing;
c. Packaging, including: i. Nutrition advice, ii. Labeling - from 1 July 2016, a new country of origin food labelling system commenced under the Australian Consumer Law (ACL). It applies equally to all food offered for retail sale in Australia, including in stores or markets, online or from a vending machine, and iii. Weights and measures.
d. the need to always, on request, provide a receipt or proof of purchase for any purchase over $75, noting that a receipt for any purchase under $75 must be given within seven days of asking. 42. Scales (weights and measures) must comply with relevant NSW legislation and the display screen should be readily visible to the customer.
11. Working with Children
Those stallholders operating childrens’ ride/amusements and face painting must have a current NSW Child Protection Certificate as well as the applicable insurances as listed above.
Stall sites are not transferable. Any change in ownership of a stallholder’s business requires the completion of a new Stallholder Application form by the new stallholder and the approval of South Village Market.
13. Market Fees
Current market fees are detailed on the booking form through the South Village Market website and are subject to change. All market fees are to be paid in advance prior to the day of trading. Bookings are generally only open until 10pm two days prior to the market day. Requests for bookings after this time need to be emailed directly to: email@example.com. You will be notified by email if a space is available and will need to log back into the website to make payment before attendance.
14. Refunds and Cancellation
Refunds are not provided for a stallholders’ lack of attendance at a market day. Should a request be issued in writing via email to South Village Market 1 week (7 days) prior to the market date - a credit for the stall fee will be issued. This is only should another equivalent site be available. Credits are only valid for 14 days and will expire after this period.
Should, for any reason, South Village Market cancel a market day, a credit will be issued for an equivalent space within 28 days of the cancelled event.
15. Marketing and Promotion
Traders' consent for us to use their email or mobile is granted. Traders consent to use any photographs supplied by the trader to the Market Manager or taken at the markets is granted.
16. Hours of Operation - SetUp and Packdown
South Village Market (SVM) operates on Fridays, Saturdays and Sundays weekly (rain, hail or shine) from 9am to 2pm. Setup and breakdown will be before and after these times (6.30am - 8am for set-up and 2pm - 3:30pm for packdown). Access to the site will not be permitted outside of these times without written consent by SVM.
Setting up and sales cannot commence before the times specified on our website for each market to start. Traders must cease trading at the specified times and not before. Upon closing all stallholders, are responsible for : - (1) removing all waste from the market area, and cleaning up and making good any area they use for trading including its vicinity at their own cost. All stallholders must be clear of the site by the specified time and must not vacate the site or bring vehicles onto the site before the advertised closing time.
On approval of your application, bump in and packdown details will be forwarded. A key benefit to this market is approved storage, free secure parking, waste facilities, access to power (for approved stalls) and all weather facilities.
Vehicles must be parked in the designated parking areas or as directed by the Market Manager. Should your vehicle require access to the site, this is to be negotiated with South Village Market directly prior to entry. Vehicles must have 1 person guiding on foot and must not exceed 5km per hour.
Great Attitude - Great Market
Our market is based on a healthy respect for our community of traders. At any time, we reserve the right to refuse or revoke your application to trade if you contravene our terms and conditions or actively display inappropriate behaviour. Should a stallholder be requested to leave, they must immediately and safely close down their stall and return at 2pm to packdown. Stall fees for that market day will be forfeit. Ours is a safe, family based event and it’s critical that we maintain appropriate behaviour, language and attitude.