These Terms of Sale set out the terms which shall apply to the hire of a stall at the Bydesign Collective by customers who are hiring the stall at the Venue for business purposes. through this website www.bydesigncollective.co.uk. Please read these Terms of Sale carefully and ensure that you understand them before booking a stall at our pop up on Our Site. You will be required to read and accept these Terms of Sale when booking. These Terms of Sale, as well as any and all Contracts are in the English language only.

 

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Booking” means the arrangement of the hire of the stall at the Venue including, but not limited to, setting the dates for the Hire Term, agreeing the Hire Fees and the date(s) when they are payable, specifying the nature of the Event and setting out any additional requirements the Client may have;

“Booking Confirmation” means Our acceptance and confirmation of your Booking;

“Booking Number” means the reference number for your Booking;

“Contract” means a contract for the purchase and hire of a stall at the Venue, as explained in Clause 7;

“Data Protection

Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;

“Event” means the event whereby the Client intends to hire a stall at the Venue subject to these Terms of Sale;

“Hire Term” means the total duration of the stall hire at the Venue as defined in Clause 6 of these Terms of Sale and your Booking Confirmation.

 

2. Information About Us

Our Site www.bydesigncollective.co.uk is owned and operated by Bydesign Collective and Hutke Ltd.

 

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.

3.2 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

4. Business Customers and Consumers

4.1 These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession).

4.2 These Terms of Sale, together with any other terms referenced herein that are applicable to the Booking, constitute the entire agreement between Us and you with respect to your purchase of Services from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

 

5. Venue Location

For venue information check the Booking Confirmation provided on acceptance and receipt of payment as venues may vary with different events.

 

6. Bookings, Pricing and Availability

6.1 We make all reasonable efforts to ensure that all general descriptions of the stalls available to hire from Us at the Venue correspond to the actual stalls that will be provided to you, however please note that the exact stall you hire may vary depending upon your individual requirements and circumstances.

6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct stalls available to hire at a Venue, not to different stalls altogether.

6.3 We neither represent nor warrant that any stalls will be available at all times and cannot necessarily confirm availability until confirming your Booking.

6.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices. Changes in price will not affect any Booking that you have already placed.

6.5 All prices are checked by Us when We process your Booking. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Booking to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to hire the stall at the correct price or to cancel your Booking (or the affected part thereof). We will not proceed with processing your Booking until you respond. If We do not receive a response from you within 7 calendar days, We will treat your Booking as cancelled and notify you of the same in writing.

6.6 In the event that the price of hiring the stall you have booked changes

between your Booking being placed and Us processing that Booking and taking payment, you will be charged the price shown on Our Site at the time of placing your Booking.

6.7 The Hire Term shall be agreed upon Our acceptance of Your Booking in your Booking Confirmation and upon receipt of payment in full in advance and may only be subsequently varied by you giving written notice to the Company not less than 7 working days prior to the start of the Hire Term. If you wish to reduce your Hire Term you may do so but you shall not be entitled to any refund of the hire fee. If you wish to increase your Hire Term you may do so upon payment of the additional fee and Our confirmation that there is space available at the Event which cannot be guaranteed. All cancellations are in accordance with the terms at Clause 14.

6.8 We shall not be responsible for and nor shall we guarantee any anticipated sales or profits as a result of you hiring a stall at the Event. It is solely your responsibility to generate sales during the Event.

 

7. Bookings – How Contracts Are Formed

7.1 Our Site will guide you through the Booking process. In the first instance apply for a stand using the online form. Applying does not constitute booking a stand. Once an application is received it is reviewed and acceptances are sent out with pricing and payment information. Once payment is received in full or a deposit is received (only in case of 6 day bookings), a Booking Confirmation will be sent to you by email with Booking Number and other details.

7.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Booking does not mean that We have accepted it. Our acceptance is indicated by Us sending you a Booking Confirmation by email which will be sent to you within 7 days of applying to become a stall holder. Only once We have sent you a Booking Confirmation will there be a legally binding contract between Us and you (“the Contract”).

7.3 Booking Confirmations shall contain the following information:

7.3.1 Your Booking number;

7.3.2 Confirmation of the stall you have hired at the Event, the period of hire and the location of the Event.

7.4 If We, for any reason, do not accept or cannot fulfil your Booking, your payment will be refunded to you as soon as possible and in any event

within 14 days.

7.5 We may cancel your Booking at any time before the Event in the following circumstances:

7.5.1 The Event is cancelled or the required personnel and/or required materials necessary for the Event to take place are not available; or

7.5.2 An event outside of Our control continues for more than 90 days (please refer to Clause 18 for events outside of Our control).

7.6 If We cancel your Booking under sub-Clause 7.5 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days. If We cancel your Booking, you will be informed in writing by email.

7.7 Any refunds due under this Clause 7 will be made using the same payment method that you used when Booking the stall at the Event.

 

8. Payment

8.1 Payment for the Hire Period will be due at the time of you acknowledging Our acceptance of your application and agreeing to Our pricing for the chosen period. It will be taken in full at the time of your Booking through a Bank Transfer.

8.2 All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding unless explicitly agreed otherwise.

8.3 If you do not make any payment to Us your Booking will not be completed and you will be at risk of stalls selling out.

8.4 The provisions of sub-Clause 8.3 will not apply if you have promptly contacted Us to dispute an invoice in good faith.

 

9. Our Obligations

9.1 If We require any information or action from you in relation to your Booking We will inform you of this as soon as is reasonably possible.

9.2 If the information you provide or the action you take under sub-Clause 9.1 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.

9.3 We always use reasonable endeavours to ensure that your Booking is trouble-free. If, however, there is a problem with the stall you hire at the Event please contact Us as soon as is reasonably possible via email.

9.4 We will use reasonable endeavours to remedy problems with your Booking as quickly as is reasonably possible and practical.

 

10. Use of the Venue

10.1 There are some limitations on the types of things you can bring to some Venues due to security and branding. Any equipment you bring may only be used in such a way which does not require any destructive fixing to the structure of the venue. No fixings requiring glue, nails, tacks, screws or similar are permitted.

10.2 You shall be responsible, and bring all relevant equipment, for taking payment for the goods you sell during the Event. Furthermore, if you are VAT registered it is your responsibility to ensure that all goods you sell have the applicable rate of VAT applied to them and that all prices are clearly shown in accordance with the VAT regulations.

10.3 You shall bear the costs of making good any damage to the Event venue caused by you.

10.4 You may not, at any time, have gas cylinders at the Event venue or any other containers of substances which are noxious, corrosive, toxic, explosive or hazardous.

10.5 It is your responsibility to ensure that all goods you sell at the Event are correctly labelled in accordance with applicable law and safety, or other, regulations and, if required, clearly displayed instructions of use.

10.6 You are solely responsible for your stock at all times whilst at the Event. The Event venue has some storage space However, use of these is at your own risk and we shall not be responsible for any stock which becomes damaged, lost or stolen whilst on site.

10.7 You may not, at any time, allow live animals into the Event venue without the prior written permission of the Company, such permission to be sought at least 14 days prior to the start of the Hire Term. However, guide dogs for the blind shall be permitted at all times and no such prior written permission is required for them.

10.8 You may not at any time light candles or other lighted flames inside the Event venue without the prior written permission of the Company.

10.9 You are prohibited from selling any offensive or sexually explicit goods on your stall. If, upon inspection by Us, we believe that your goods are offensive and/or sexually explicit you will be advised to leave the Event immediately and no refund shall be provided to you.

10.10 For pop-ups, you will need to provide your business logo in advance of the event, which will be printed by By DESIGN COLLECTIVE and displayed on your stall at all times during your Hire Term at the Venue.

10.11 You must be able to offer anyone who purchases from your stall with a branded receipt which displays your name/business name, address and contact details (phone number and email address). The receipt must also provide details of any consumer rights such as your refunds and returns policies.

10.12 All stall holders are required to have their stall open between the hours advertised on the Event

 

11. Advertising and Promotion

11.1 You and Us are both responsible for advertising and promoting the Event. All advertising materials used by the businesses are subject to scrutiny by the company and can be requested to be taken down if deemed inappropriate.

11.2 We may, on occasion, take photos and video the Event for promotional and advertising purposes. If you do not wish to be included in any photos or video you must make us specifically aware of this in writing prior to the Event.

 

12. Health and Safety

12.1 All electrical equipment to be used by you during the Event must be fully PAT Tested. All such equipment must bear the appropriate labels and be accompanied by the appropriate certificates as proof of such testing and compliance.

12.2 The Company shall have the right to inspect electrical equipment at any time during the Hire Term for compliance with sub-Clause 12.1 and shall have the right to remove, or request the removal of, any equipment not in compliance with that provision from the Event.

12.3 You shall be made aware of all fire exits and fire equipment prior to the start of the Hire Term. All fire exits and access thereto must remain completely unobstructed. All signs for fire exits and equipment must remain as prominent and visible as they are when the Event venue is unoccupied. Fire equipment must not be moved from its present location unless being used for its intended purpose.

12.4 A maximum of 1 person shall be permitted behind your stall, in the Event venue at any given time however, all businesses are permited to have additioinal help at times of set up and takedown/ loading and unloading. The Company shall have the right to inspect your stall at any time during your Hire Term at the Event and shall request the removal of any number of persons in excess of the numbers stated above.

12.5 You must provide the Company with proof of your public liability insurance policy which shall cover minimum £1million. This is one of the questions in the application form that you must agree to before applying. You shall be

prohibited from hiring a stall at the Event if you do not hold the appropriate insurance, and your booking will not be refunded if you cannot submit a valid certification prior to your hiring period starting.

 

13. Access to the Event Venue

13.1 You shall be provided with a plan of the Event venue showing access points and loading and unloading points at least 15 days prior to the start of your Hire Term.

13.2 Please check with the hire team for details of parking at the venue.

 

14. Cancelling your Booking

14.1 In the event that you wish to cancel your Booking, Bydesign Collective’s refund policy is as follows:

· 8 weeks or more before set-up day – full refund, if stand can be re-sold or you find a replacement business which we approve, within 14 days of cancellation, less 10% admin charge.

· 4-8 weeks before set-up day – 50% refund, if stand can be re-sold or you find a replacement business which we approve, within 14 days of cancellation, less 10% admin charge.

· 4 weeks or less before set-up day – no refund can be given

If Bydesign Collective cannot find a replacement for your stall, unfortunately a refund will not be offered.

Replacement businesses found by you must fufill the following criteria:

- They have public liability insurance of minimum £1m

- They complete the booking process

- Their products do not clash with other products that are booked in the same Booking date

Please note if you find your own replacement, a 10% of the booking fee will be charged to cover admin costs.

If you wish to cancel your booking, to do so please inform Us of your cancellation by emailing: info@bydesigncollective.co.uk by providing Us with your name, email address, telephone number, and Booking Number.

14.2 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.

 

15. Ending the Contract Because of Something We Have Done (or Will Do)

15.1 You may end the Contract immediately at any time by giving Us written notice in the following circumstances:

15.1.1 We breach the Contract in a material way and fail to remedy the breach within 14 days of you asking Us to do so in writing;

15.1.2 We change these Terms of Sale to your material disadvantage;

15.1.3 We are adversely affected by an event outside of Our control that continues for more than 90 days (as under sub-Clause 18.2.5).

15.2 If you wish to cancel under this Clause 15, you may inform Us of your cancellation by email to info@bydesigncollective.co.uk by providing Us with your name, address, email address, telephone number, and Booking Number.

15.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.

15.4 Eligibility for refunds under this Clause 15 may vary according to your Booking.

15.5 Refunds under this Clause 15 will be issued to you as soon as possible using the same payment method that you used when Booking, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.

 

16. Our Rights to Cancel

16.1 We may cancel the Contract after We have begun providing you with a stall at the Event due to an Event outside of Our control that continues for more than 90 days (as under sub-Clause 18.2.4), or due to the cancellation of the Event or non-availability of required personnel and/or required materials necessary for the provision of the Event. In such cases, no payment will be due from you and if you have already made any payment to Us, such sums will be refunded to you.

16.2 We may cancel immediately by giving you written notice in the following circumstances and no refund shall be provided:

16.2.1 You fail to make a payment by the due date as set out in Clause 8.

16.2.2 You breach the contract in a material way and fail to remedy the breach within 14 days of Us asking you to do so in writing.

 

17. Liability

17.1 Subject to sub-Clauses 17.3 and 17.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

17.2 Subject to sub-Clauses 17.3 and 17.4 Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum payable by you during your Hire Term.

17.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

17.4 You will be responsible for any foreseeable loss or damage, including all liabilities, costs, damages, fines and losses that We may suffer as a result of your breach of these Terms of Sale or as a result of your negligence. Loss or damage is foreseeable if it is an obvious consequence of your breach or negligence or if it is contemplated by you and Us when the Contract is created. You will not be responsible for any loss or damage that is not foreseeable.

 

18. Events Outside of Our Control (Force Majeure)

18.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our

reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

18.2 If any event described under this Clause 18 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

18.2.1 We will inform you as soon as is reasonably possible;

18.2.2 Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

18.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

18.2.4 If the event outside of Our control continues for more than 90 days We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;

18.2.5 If an event outside of Our control occurs and continues for more than 90 days and you wish to cancel the Contract as a result, you may email us at: info@bydesigncollective.co.uk

18.2.6 In each case, providing Us with your name, address, email address, telephone number, and Booking Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

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19. Communication and Contact Details

19.1 If you wish to contact Us with general questions, matters relating to hiring a stall at the Event, cancellations or complaints, you may contact Us by email at: info@bydesigncollective.co.uk

 

20. Complaints and Feedback

20.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

 

21. How We Use Your Personal Information (Data Protection)

21.1 All personal information of yours that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.

21.2 We are obligated to share your personal data with certain third parties in order to fulfil Our contract with you.

 

22. Other Important Terms

22.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

22.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

22.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

22.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

22.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

22.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, We will give you at least 7 days written notice of the changes before they come into effect. If you wish to cancel the Contract as a result, please refer to sub-Clause 11.1.3.

22.7 You shall inform Us immediately if you become aware of any claim against Us or you which is as a result of or in connection with a defect in any of the goods you have sold, or a failure by you to correctly label the goods with the appropriate ingredients, certification or instructions for use, during your Hire

Term at the Event.

 

23. Law and Jurisdiction

23.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

23.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  

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