LITTLE BIRD MADE LTD
TRADER BOOKING TERMS AND CONDITIONS
These Terms and Conditions apply to all traders applying to attend, booking a pitch at, or trading at an event organised by Little Bird Made Ltd (“Little Bird”, “we”, “us” or “our”).
By submitting an application and accepting a booking, the trader (“you” or “the trader”) agrees to these Terms and Conditions. The applicable version will be supplied or made available at the point of booking.
1. Our markets and your responsibilities
Little Bird Made organises artisan markets to support independent businesses, local communities and high streets. We promote our events through social media, printed materials, signage, public relations and other marketing activities.
We expect all traders to:
- Provide good-quality products and professional customer service.
- Promote the event through their own social media, website and other appropriate channels.
- Communicate with Little Bird directly and promptly about any concerns or issues.
- Treat customers, fellow traders, venue staff and Little Bird representatives respectfully.
- Follow all reasonable event instructions, including those relating to set-up, trading, safety, parking and departure.
- Trade honestly, professionally and in compliance with applicable laws and regulations.
- Keep their pitch clean, safe and presentable, and remove their own rubbish and trading equipment as instructed.
Failure to meet these requirements may result in action under these Terms and Conditions.
2. Applications and confirmed bookings
All bookings are subject to approval by Little Bird. An application does not guarantee a pitch.
A booking is confirmed when Little Bird has accepted the application and issued written confirmation identifying the event and booking arrangements. Where payment is required, the payment terms shown on the invoice also apply.
The booking is for the trader and business identified in the application and confirmation. A trader must not transfer, resell or share a pitch with another business without our prior written agreement.
You may only sell the products approved as part of your application. Any significant change to your product range must be agreed with Little Bird in writing before the event.
We may decline applications where products, presentation, documentation or the proposed business do not meet the requirements of the event.
3. Fees, invoices and payment
All pitch fees, applicable VAT and payment deadlines will be stated on the relevant invoice or booking confirmation.
Unless otherwise stated in writing, invoices must be paid within three days of issue.
A booking is not fully paid until all sums due for that booking have been received. We may withhold permission to trade where payment is overdue, subject to reasonable notice where appropriate.
If a trader disputes an invoice, they must contact Little Bird promptly and explain the basis of the dispute.
Any deposit, staged payment, cancellation charge or other amount payable following cancellation must be clearly identified in the applicable booking information and must be reasonable and lawful.
4. Trader cancellations and changes
Traders should only book events they genuinely intend and are able to attend.
If you need to cancel or change a booking, you must notify Little Bird in writing as soon as possible. A cancellation is effective when acknowledged by Little Bird in writing.
Because market planning involves administration, promotion, pitch allocation and event preparation, cancellations may cause costs and losses. Any cancellation charges, deposit terms or refund arrangements will be those expressly provided in the booking terms accepted by the trader. We will not impose a new cancellation charge retrospectively.
Repeated changes or cancellations may affect eligibility for future events. More than three changes or cancellations within the relevant booking period may result in a trader being ineligible to book with Little Bird for four months. We will consider the circumstances, including exceptional events, before applying this restriction.
A trader who does not attend, arrives too late to trade safely, or abandons an event without agreement may be treated as having cancelled their booking.
5. Changes or cancellation by Little Bird Made
We work hard to deliver the events advertised. However, we may need to change or cancel an event or an individual trader’s booking in certain circumstances.
We may cancel or suspend an individual trader’s booking where we have reasonable grounds to believe that:
- The trader has materially breached these Terms and Conditions or another requirement expressly agreed as part of the booking.
- The trader has supplied materially inaccurate or misleading information as part of their application or booking.
- Required payments, insurance, food-safety documents, licences, certificates or other essential information have not been supplied by the stated deadline.
- The trader’s products, equipment, set-up or conduct create a safety, legal, regulatory or significant operational concern.
- The trader has behaved abusively, threateningly, dishonestly or seriously disrespectfully towards customers, other traders, venue representatives or Little Bird staff.
- The trader has sold, or intends to sell, products that have not been approved, or has materially misrepresented the products being offered.
- The venue owner, landowner, event authority or relevant regulator requires the trader’s participation to be withdrawn.
- There is another substantial and legitimate reason connected with the safe, lawful or proper operation of the event.
Where reasonably practicable, we will explain the concern in writing and give the trader an opportunity to respond or remedy it before cancelling. We may act immediately where necessary to protect safety, comply with a legal or venue requirement, or address serious misconduct.
We will not use this clause to cancel a booking arbitrarily or as a pretext for an unrelated dispute.
Cancellation or material changes to an event
If an event is cancelled or materially changed by Little Bird, we will notify affected traders as soon as reasonably practicable. We will explain the available options, which may include a refund of the affected pitch fee or an alternative date, subject to the circumstances and applicable law. A transfer to another event will require the trader’s agreement.
If Little Bird cancels an individual trader’s booking, we will explain the reason in writing and deal with any refund due in accordance with the booking terms and applicable law. Where a cancellation is disputed, both parties should try to resolve the matter promptly and reasonably.
Nothing in these Terms and Conditions removes any rights or remedies that either party has under applicable law.
6. Event changes, weather and circumstances beyond our control
Event arrangements may be affected by severe weather, venue restrictions, public safety concerns, government action, emergencies, infrastructure failures or other circumstances beyond our reasonable control.
Where such circumstances affect an event, we will take reasonable steps to notify traders and explain any material changes, postponement or cancellation.
We will consider the circumstances and applicable law when deciding whether to postpone, relocate or cancel an event and what refunds or alternative arrangements are appropriate. This clause does not automatically remove a trader’s right to a refund or other remedy.
We cannot guarantee visitor numbers, sales, profits, weather conditions or the commercial success of an event.
7. Conduct, complaints and future bookings
We expect traders to raise concerns directly with Little Bird so they can be investigated and addressed fairly.
We may investigate complaints, request relevant information, speak to witnesses and review correspondence or other available evidence.
Depending on the seriousness and circumstances, a breach of these Terms and Conditions may result in:
- A written reminder or warning.
- A request to correct the issue before trading or continuing to trade.
Temporary suspension while a serious concern is investigated.
- Cancellation of an individual booking under Section 5.
- Restrictions on future applications or bookings where reasonably justified.
We will consider the nature and seriousness of the conduct, any relevant evidence, the trader’s response and whether a less serious measure would be appropriate.
Nothing in this section prevents a trader from raising a genuine complaint, seeking advice or exercising a legal right.
8. Social media, public comments and communication
Little Bird Made recognises that traders may express opinions, share experiences and raise genuine concerns about our markets. We do not seek to prevent fair criticism or lawful complaints.
We expect traders to communicate honestly, responsibly and respectfully when discussing Little Bird Made, our markets, other traders, venues or members of our team, including on social media and other public platforms.
Where a trader has a concern or complaint about a booking, event, member of staff, payment, pitch allocation or another aspect of our service, we ask that they contact Little Bird Made directly in the first instance so that we have a reasonable opportunity to understand and address the issue.
Traders must not engage in unlawful conduct, including harassment, threats, discriminatory abuse, defamation or the deliberate publication of information they know to be false. We may also take action where public conduct involves the disclosure of confidential information or personal data without lawful justification.
Where a public post or comment raises a genuine concern, Little Bird Made may contact the trader privately to seek clarification and attempt to resolve the matter.
If conduct connected with a trader’s participation in our events raises a serious and legitimate concern about safety, trust, professional conduct or the proper operation of a market, we may review the circumstances under Section 7 and, where justified, consider proportionate action under Section 5. Any decision will take account of the available evidence, the seriousness of the conduct and the trader’s opportunity to respond.
A trader will not be penalised simply for making a genuine complaint, expressing a lawful opinion or providing fair and honest feedback. This section does not restrict anyone’s statutory rights or lawful freedom of expression.
9. Pitch allocation and similar products
We aim to create a varied and appealing mix of traders. However, we cannot guarantee exclusivity for a particular product or category unless we have expressly agreed this in writing.
Depending on the size and nature of an event, other traders may sell similar or competing products.
Pitch locations are allocated by Little Bird, taking account of event layout, safety, access, power requirements, product mix and operational needs. A particular pitch location is not guaranteed unless expressly confirmed in writing.
We may make reasonable changes to the layout or pitch allocation to accommodate safety, venue requirements or the operation of the event.
10. Set-up, trading and departure
Traders must follow the set-up and departure instructions issued for each event, including any instructions sent during the Monday or Tuesday before the event.
You must:
- Arrive and be ready to trade within the specified times.
- Use only the space allocated to you.
- Keep access routes, fire exits and neighbouring pitches clear.
- Secure gazebos, signage, stock and equipment appropriately.
- Not dismantle or leave before the permitted departure time without prior agreement, except where safety requires it.
- Remove your equipment, packaging and rubbish and leave your pitch in an appropriate condition.
- Follow all reasonable instructions from event staff, venue representatives and emergency personnel.
We may refuse access or require a trader to stop trading where necessary to address a serious safety, access or operational issue.
11. Electricity, equipment and safety
Electricity is available only where it has been specifically offered and confirmed for the relevant event. Traders must not assume that power is available.
All electrical equipment, leads and connections must be suitable for the intended use, properly maintained and compliant with applicable safety requirements. Traders must follow the venue’s power limits and any instructions about approved connections, cable protection and equipment placement.
Traders must not connect equipment, draw power or make changes to electrical arrangements without authorisation. High-demand equipment, cooking appliances, heaters and other equipment must be declared in advance and approved where required.
Little Bird may refuse the use of equipment or withdraw permission to use a connection where there is a safety, capacity or compliance concern.
Traders are responsible for their own equipment and for ensuring their set-up does not create a risk to customers, other traders, staff or property.
12. Food, drink and regulated products
Food and drink traders must provide all documents and information reasonably required for the event, including where applicable:
- Appropriate food-business registration and food-hygiene documentation.
- Food hygiene ratings or certificates where requested.
- Allergen information and accurate product descriptions.
- Relevant licences, permissions and evidence of compliance with food-safety requirements.
- Details of cooking methods, gas equipment, electrical equipment and other safety arrangements.
Alcohol traders must hold and comply with all required licences and permissions.
Traders must ensure that all products are lawful, safe, accurately described and suitable for sale. Little Bird may request further documentation before confirming a booking or allowing trading to begin.
If essential documentation is missing, expired or inadequate, we may withhold permission to trade or cancel the booking under Section 5.
13. Insurance and responsibility
Traders must maintain appropriate insurance for their business and activities, including public liability insurance with a minimum cover of £1 million, unless a higher amount is specified for the particular event.
A current copy of the insurance certificate must be provided before trading. Food traders must also provide the required food-safety documentation.
Traders are responsible for their own stock, cash, equipment, employees, assistants and trading activities. They must take reasonable steps to prevent injury, damage and loss and must comply with all applicable legal duties.
Each party remains responsible for its own acts and omissions in accordance with applicable law. Nothing in these Terms and Conditions excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
14. Marketing, photographs and intellectual property
Little Bird may promote events using event information, trader names, business names, product descriptions and images supplied by traders for that purpose.
Traders must ensure they have the necessary rights and permissions for material they provide to Little Bird.
Little Bird may take photographs or video of the event for legitimate event reporting and promotion, subject to applicable data-protection and privacy requirements. Traders should tell us before the event if they have a specific concern about identifiable images of themselves or their staff.
Nothing in this section transfers ownership of a trader’s brand, photographs or other intellectual property to Little Bird.
15. Communication and notices
Booking confirmations, invoices, event instructions, cancellation notices and other formal communications may be sent by email to the contact details provided by the trader.
Traders are responsible for ensuring their contact details remain current and for checking communications relevant to their bookings.
Concerns about a booking should be raised in writing as soon as possible. Both parties should retain relevant correspondence and booking records.
16. Changes to these Terms and Conditions
Little Bird may update these Terms and Conditions from time to time.
A revised version will apply to new bookings once it has been made available to the trader before the booking is accepted.
A change will not automatically alter an existing confirmed booking. Any change to an existing booking’s contractual terms must be communicated clearly and agreed where required by law or the existing contract.
Event-specific requirements may supplement these Terms and Conditions where they are clearly communicated before the trader commits to the relevant booking.
17. Complaints and dispute resolution
If a dispute arises, the parties should first try to resolve it through clear written communication and a reasonable exchange of relevant information.
Where appropriate, the parties may agree to use mediation or another form of alternative dispute resolution before commencing court proceedings.
Nothing in this section prevents either party from taking legal advice or starting proceedings where necessary.
18. General terms
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
A failure or delay by either party to enforce a provision does not automatically mean that party has waived its rights.
These Terms and Conditions, together with the relevant application, written booking confirmation, invoice and any expressly agreed event-specific requirements, form the agreement between Little Bird and the trader for the relevant booking. If documents conflict, the parties should clarify the position in writing; any applicable legal requirements continue to apply.
These Terms and Conditions are governed by the law of England and Wales, and the courts of England and Wales will have jurisdiction, subject to any mandatory legal provisions.
Little Bird Made Ltd
Website: www.littlebirdmade.com
Please contact Little Bird Made directly with any questions about these Terms and Conditions or a booking.