Terms and Conditions
Updated May, 2022
The terms and conditions enclosed in this document apply to all stall holders who have been approved to occupy a stall at The Market Folk Markets. By booking as well as paying a stall you agree to the terms and conditions enclosed in this document. This document is subject to change at any time as deemed by The Market Folk. This document covers all stalls at each location.
1. Trading Details
The market operates on dates determined by The Market Folk organisers as advertised on the website, Facebook and Instagram. All stalls must be set up and ready to trade at the commencement of trading hours as specified by The Market Folk owners. Stallholders who have not occupied their stall by the commencement of the trading hours forfeit their stall booking and will not be entitled to any credit or refund.
All stalls must cease trading and commence packing at the end of the trading hours.
Market trading hours may vary according to location.
All stallholders must stay for the duration of the market. Stalls who pack down early will not be accepted to trade at The Market Folk in future.
2. Applications
The Market Folk reserves the right to reject booking applications without entering into correspondence or otherwise explaining the reasoning for decisions.
The Market Folk look favourably on products that complement our market style, stalls that are well set up/ boutique style, and well thought through.
3. Bookings
Effective January 2020 approved stalls can only request to book a stall quarterly via The Market Folk online booking form. We do not accept bookings further than 3 months in advance. This gives new and existing vendors a fair chance of acceptance throughout the year. Active stall holders will be notified when the quarter/ market season has opened for bookings. Acceptance of future market dates is not guaranteed.
If an approved business product or business structure/name/ direction has changed, the vendor will need to reapply via the general application form.
To book a stall with The Market Folk you are required to pay upfront or via 2 x fortnightly payments on credit card.
The Market Folk no longer accepts Direct Debits due to the volume of transactions and non compliance of reference labelling.
2020 Market Bookings Calendar:
Season 1 - January (no markets - break), February and March
Season 2 - April, May and June
Season 3 - July, August and September
Season 4 - October, November and December
All approved vendors within The Market Folk community must adhere to the conduct of conduct requirements in clause 17. The Market Folk reserve the right to revoke approval into any future booked markets if the code of conduct is breached or the atmosphere of our workplace is at risk. The Market Folk own the rights to all curation and future events and do not have to enter into reasoning or justification of a vendor being removed from the marketplace.
When a vendor books a market with The Market Folk this does not give exclusive rights to permanent positions in an ongoing capacity, The Market Folk may revoke all future acceptance into events without entering into reasoning or further correspondence.
4. Stall Categories
Beauty and Skincare
Ceramics
Art
Fashion
Accessories
Jewellery - Waitlists Apply
Candles - Waitlists Apply
Plants
Photography (Prints)
Stationery
Homewares and furniture
Children's Toys
Children's Fashion
Gourmet Goods - Honey, Jam, Chutney etc
Dog Accessories
We do not accept application for services, i.e Photography, Massage, Yoga
We do not accept application for Political Parties
We do not accept applications for MLMs or Australian Distributors for international companies
5. Products For Sale
Products for Sale:
The Market Folk may cancel a vendor's booking if items offered for sale are of significantly poor quality or fails to meet the approved criteria.
The Market Folk are not strictly a handmade item, some products at the marketplace may be made or sourced overseas. The Market Folk allow products that have been designed in Australia but produced overseas.
Stallholders cannot sell:
No used sleepwear, underwear or make-up. The Queensland Government, Office of Fair Trading, administers a range of national mandatory safety and information standards and bans for particular products supplied in the consumer marketplace, including weekend markets. Standards apply to children's toys, nightwear, cosmetics and care labelling on clothing and textiles. Full details of these regulated consumer products can be viewed and downloaded from the Australian Competition and Consumer Commission (ACCC) website at www.productsafety.gov.au.
Please also note the following banned sales, substances and activities:
Second hand electrical products, animals, poisonous products, prescription medications, illegal or offensive items, firearms, ammunition, explosives, weapons or dangerous goods of any kind, cigarettes/alcohol/drugs and illegal drug-related products, the sale of lottery, art union or raffle tickets, the conducting of any guessing game, lucky dip, chocolate wheel, side-show, competition, or game of chance is prohibited.
Product Exclusivity
There may be up to 2-3 stalls in any one market category, at a given market date. Applications are generally assessed at a category level not at a product level.
No stall is given exclusivity over a single product. There may be some exceptions to this rule based on the shopper demographic and location of a market.
In the event where there are 2 stalls applying who are in different categories selling similar products we will assess this based on the significance of that product within the stall. For example, we assess if the product is a secondary or third product (not the main range of the stall) in this way there can be cases where there is up to 3-4 of a similar product at the markets if it is a supplementary product.
6. Shared Stalls
Businesses wanting to share stalls must both apply individually and applications must clearly state intention to share a business space.
You may not share the stall fee
You must both hold your own Market Stall Insurance
The Market Folk reserve the right to terminate a stall on market day should businesses be found trading without an approved application (we have the right to question if a vendor is truly a stockist or is indeed hosting another business inside their stall)
7. Fees
Stall holder fees must be prepaid, once your application has been approved the vendor will receive a notification including details of the online payment system.
The Market Folk reserve the right to cancel booking approval if payment is not received by the due date
The Market Folk owners reserve the right to increase fees in the future and that any current fees may be an introductory offer and can be reviewed at any time.
8. Refund Policy - Updated May 2022
If we cancel:
Should The Market Folk events be cancelled in advance due to reasons of emergency, danger, weather conditions, thunderstorms, severe wind, heatwaves, safety, health concerns (this includes COVID19), or other reasons that are not in reasonable control of The Market Folk organisers within 2 weeks prior to a market - there will be no refunds or credits given. There are no exceptions to this rule due to the costs incurred by us whether a market goes ahead or not. Every effort will be made to postpone the event where the fee will be transferred to. If you cannot make the postponed date the fee is not transferable or refundable. We appreciate your understanding in this matter.
If you cancel:
If a vendor forfeits their stall booking within 14 days prior to an event, no refund or credits will be given. If a stallholder provides more than 14 days notice, a 50% credit can be transferred towards another market date. If a vendor cancels on the day or for weather concerns (no matter the product or stall category) there will be no credits or refunds issued. A business that can no longer attend a market may not replace their own booking with another business and request a refund. This is at the discretion of Market Folk Organisers to replace stalls. Due to the administration required we do not offer refunds even if we manage to replace your stall.
Weather Refund Policy:
There will be no refunds or credits issued should The Market Folk Markets be cancelled due to reasons of emergency, danger, weather conditions, safety, health concerns, or other reasons that are not in reasonable control of the The Market Folk organisers (as deemed and only when announced by the The Market Folk organisers) There are general costs, advertising costs, permits and many hours that go into an event that we cannot offer refunds or credits for reasons outside of the organisers control.
If the weather deteriorates throughout the event the vendor will not be entitled to a refund or credit. The Market Folk make every effort to open the market. However, if we are unable to open or trade the full trading time even after bump-in then no credits or refunds will be given.
Every effort will be made to postpone the event where the fee will be transferred to. If you cannot make the postponed date the fee is not transferable or refundable. Some locations are held monthly and as such are usually postponed 1-2 weeks in the future, this is the maximum notice that can be provided.
Credits:
If more than 2 weeks notice is provided and the vendor is eligible for a credit this is automatically applied to the vendor's account. When a new market is approved, a coupon code is emailed to the vendor. This can be used at checkout when securing a new date.
9. Westfield
Due to costly rental fees at Westfield centres, there are a different set of cancellation/ refund terms applicable to all successful applicants who book and pay for a stall. Westfield activations are handled differently to a standard community market day. Each stallholder is subleasing a casual leasing site under The Market Folk group and as such makes a commitment to this liability by entering into the booking agreement.
If we cancel the event:
Should The Market Folk events be cancelled in advance due to reasons of emergency, danger, weather conditions (that affect us travelling or setting up for an event), safety, health concerns (this includes COVID19), or other reasons that are not in reasonable control of The Market Folk organisers within 7 days prior to a market - there will be no refunds given. If the site booking can be transferred to a new date, your fee will be transferred in full to the new date if the same is applied from Westfield to The Market Folk.
If you cancel:
20% of the fee is non-transferable or refundable in the event the vendor cannot attend.
Due to the liability of costs at Westfield, there is a strict refund policy in place for this type of event. Each vendor is treated as a sub-tenant under The Market Folk group.
If you provide more than 2 weeks notice and The Market Folk can are able to replace the stall from a waitlist, then the remaining fee can be transferred as a credit to a future market date at Westfield only. You cannot use your credit for regular community markets. We do not supply refunds - no exceptions. If we cannot replace the cancelled stall booking, the original vendor will be liable for the costs and no credits or refunds will be given.
As a general rule if a vendor cancels within 2 weeks prior to the activation, the stall fee and deposit is forfeited. There may be rare occurrences where we can replace your stall, but this will not be guaranteed and, as such each vendor must be prepared to be liable for the stall fee (rent) whether cancellations are for reasons outside of the vendor's control.
Equipment:
The Market Folk provides stalls and shelving built to Australian Standards by a local supplier. These have been pre-approved with Scentre Group (Westfield), any additional equipment must be pre-approved by us. There is a list of prohibited items provided to you prior to the market. If these are brought and set up the vendor will be asked to remove them immediately. Failure to comply in this manner will result in forfeiting the fee and the stall.
If a vendor damages The Market Folk's equipment/ stall, including drilling, hot/cold drinks, paint/pen or any reasonable damage, you will be required to replace that part of the stall. This fee can range from $60 - $400 depending on the damage. All stalls must be left in the way they were found.
Size of stall:
Each stall is 1.8m wide which includes a booth and a multifunctional shelving piece (can be shelves or pegs for hanging), the remaining space is for each vendor to stand and includes a clearway for vendors to move in and out of the area. The space allows for one stool, a small packing table/ stool up to 45cmx45cm (cannot be a card table or trestle)
Conduct:
All vendors must adhere to professionalism while working in a retail space within Scentre Group. If The Market Folk management feel that any behaviour is inappropriate, the vendor will be asked to pack immediately.
Insurance:
All vendors must have insurance of $10million.
10. Insurance
The Market Folk holds current Public Liability insurance of $20,000,000.
All business stalls must hold Public Liability insurance of $10,000.00 specifying Market Stall.
The Market Folk does not offer Public Liability Insurance to any creative stall.
Workshop Hosts must have own Public Liability Insurance
11. Waste Management
Stallholders are required to remove all excessive rubbish from the Market.
Rubbish bins provided are for the general public and not to be used to dispose of unwanted clothing, stallholder, food truck waste and or packaging.
At the end of trading hours the vendor is required to clean their space and remove any broken racks, coat hangers, shelving, baskets or accessories.
We encourage using eco-friendly bags such as recycled paper or enviro bags
12. Market Day Results
Individual results vary at any given Market
There are many factors that affect sales on the day and this is the nature of markets.
The Market Folk strives to provide quality event advertising and promotion to ensure the best possible outcome for our stallholders.
We welcome constructive feedback, but we will not tolerate rude behaviour towards any of our staff, verbally or via written correspondence.
All stalls are required to stay until the market closes, stalls who do not comply with this rule, will not be accepted to trade in the future
13. Security
Stallholders are responsible for their own stall security and monies. No responsibility is taken by The Market Folk for theft, loss or damage.
Where stock is being left overnight, at a multi day event - the vendor takes the risk. All valuables should be removed.
14. Safety
Stallholders agree to set up their stall spaces in a safe and secure manner to ensure the safety of all shoppers.
The Market Folk shall not be responsible for injury or accidents caused by stallholders negligence to conduct themselves or the stall safely.
In the event of an accident, injury or emergency The Market Folk has a safety procedure in place to ensure the incident is handled efficiently.
Should Stall holders fail to secure their items or marquees safely (post safety checks by The Market Folk staff) this will be at the fault of the stall holder and not The Market Folk
Stallholders and shoppers are required to fill in an incident form.
There will be a first aid kit at all events.
The Market Folk staff are trained in First Aid
15. Advertising
You may hand out advertising or promotional material at your designated stall, such material must relate to the products on sale at your stall and be disposed of in accordance with our waste management clause. You may not hand out promotional material for another event that is not The Market Folk.
The Market Folk leading up to market day may utilise Social Media to promote business stalls - however this is not a guaranteed service due to the volume of stalls.
The Market Folk do not charge to be featured on our website or instagram.
We ask that all stallholders promote the markets at least once on their social media accounts.
There is no guarantee that a stall will be featured on instagram or Facebook.
16. Workshops
The Market Folk include our workshop bookings in all market promo however are not responsible for attendance or ticket sales. This is the responsibility of the Workshop Host.
The Market Folk are not responsible for refunds to the ticket holder should the event not go ahead
All management of workshop, finances, visual merchandising is up to the workshop host
We do not sell tickets on behalf of the Workshop Host
Workshops need to be booked and advertised at least 6 weeks prior to the event to allow enough promo and ticket sales.
To book a workshop at The Market Folk you must pay upon booking and the fee is non refundable should the workshop be cancelled by the workshop host.
Should the markets be cancelled due to reasons of health, safety, weather or other factors outside of our control the workshop host is eligible to have 50% of the fee refunded.
The area provided must be left in a clean state upon completion of the workshop. Any damage will be charged at the expense of the workshop host.
Workshop Hosts must have their own Public Liability Insurance
By booking and paying for a Workshop space you agree to these terms.
17. Stallholder Conduct
All approved vendors within The Market Folk community must adhere to the following code of conduct requirements. The Market Folk reserve the right to revoke approval into any future booked markets if the code of conduct is breached. The Market Folk may complete this action without entering into any further correspondence or reasoning. All vendors who trade at The Market Folk are subject to written approval from the organisers, if there are reasons to believe our marketplace is at risk this will be taken seriously and steps will be taken to ensure a safe and welcome environment for vendors and The Market Folk team.
The Market Folk expect:
- Vendors to act respectfully towards another vendor during set-up, trading and pack down hours
- Vendors do not speak negatively of other markets, organisers or stallholders at The Market Folk venues
- Vendors do not speak negatively about The Market Folk or other vendors active in our marketplace during their time at The Market Folk venues
- Vendors do not make inquiries or suggestions around the marketplace regarding neighbouring vendors' market day results or opinions
- Vendors may not instruct The Market Folk about the acceptance of other vendors into the marketplace, this is at the discretion of the organisers alone (see clause 5 - Products For Sale)
- Vendors may not approach other vendors with similar products or cause conflict on market day in regards to their competitors acceptance into the market. If The Market Folk have approved a vendor this has been completed in adherence to our curation policy and clause 5 - products for sale. The Market Folk will not enter into reasoning on this matter.
- Vendors are to ensure they are up to date with Terms and Conditions, including refunds and wet weather policies. The Market Folk will not enter into further correspondence or reasoning on Terms and Conditions that have been agreed to when a vendor is purchasing a stall fee. Unwanted behaviour in this matter may affect future acceptance into The Market Folk
- Vendors are to provide feedback to The Market Folk in a respectful and constructive fashion - this must be done in writing. Verbal feedback in regards to operational matters, market day results or other vendors must be submitted via email or the helpdesk.
- Vendors to contact The Market Folk via the official inbox hello@themarketfolk.com.au as a first point of contact. If required vendors can request a callback. Phone calls and email response can be up to 3 business days for non-urgent requests.
- Vendors are not to contact The Market Folk team via phonecall or text messages afterhours for non-urgent requests. The Market Folk office hours include 9am - 4pm Monday, Tuesday, Wednesday and Friday.
The Market Folk reserve all rights to act on issues of the above nature, including whether a vendor can continue to trade at the marketplace. There will be no set notice period for breaches of the code of conduct.
PRIVACY POLICY GENERAL
PRIVACY POLICY APPLICATIONS
Details of applications are shared within The Market Folk's administration team for the purpose of stall curation. Application outcomes, business names and personal details are not shared with other vendors within The Market Folk network. This includes The Market Folk disclosing approvals to other vendors before the line-up is announced.
If an application is found that is a suspected infringement of copyright laws or intellectual property laws, this is escalated to The Market Folk management and assessed case by case. Where severe cases do arise of infringement, the business name will only be provided to the stallholder who is affected by the infringement. The affected stallholder may wish to pursue legal action once this notification has been received. The Market Folk take no part in this process beyond notification. To protect the applicant's privacy, no personal details such as full name, contact details or addresses are provided. The alleged infringement is not shared within The Market Folk network.