Wildlife Rocks Festival stall holders information. Full details will be posted when a date is confirmed. For updates, please join the mailing list. We are obliged to conduct an overall risk assessment of the stallholders, and to help with this, we must ask you to give us a clear indication of what you intend to sell or the particular activity on your stall.
PREVIOUS STALL HOLDERS CAN BE SEEN BY CLICKING HERE
Full details will be posted when a date is confirmed. For updates, please join the mailing list.
We are obliged to conduct an overall risk assessment of the stallholders, and to help with this, we must ask you to give us a clear indication of what you intend to sell or the particular activity on your stall.
This will also help us to avoid having too many stalls of one kind. Here are some guidelines we have been given by Trading Standards; we would strongly recommend that you take the time to read through the material to ensure that you are not unwittingly breaking the rules.
Please ensure you read these. There is a risk assessment form for you to complete at the bottom or you may write your own if your prefer.
TRADING STANDARDS SERVICE
A Guide to the Law Enforced by Trading Standards Introduction
This guide is to give an overview of the types of legal controls that may apply to stall-holders at the Wildlife Rocks Festival.
It is impossible to include every eventuality within a concise document, nor can any topic be given any great depth of detail, so please contact us with any concerns or queries. It is your responsibility to know about and trade within the law.
For detailed trading law advice please contact your Local Authority Trading Standards Service.
Indicating Who You Are
Customers, by law, have the right to know who it is they are entering into a contract with. A sign must be clearly displayed at the stall giving the business name, ownership name and an address where legal documents can be sent. These requirements also apply to receipts, invoices, orders and correspondence issued in the course of your business.
However uncomfortable this feels, failing to provide customers with this information will be in breach of the legislation and penalties may be imposed if Trading Standards take formal action.
Safety of Goods
All goods sold must be safe. Be particularly careful with toys, electrical goods, cosmetics, upholstered furniture and clothing, particularly nightwear and children's clothing.
Toys should bear the CE mark to show they have been safety tested, bear any age restrictions and warnings for their safe use.
We discourage second hand electricals from being sold unless they have been professionally safety tested. Second-hand electric blankets, fires and irons cause hundreds of deaths each year. Fireworks should not be sold at this event. Party poppers, throw downs and sparklers are classed as fireworks.
Pricing Goods and Services
The Price Marking Order 2004 requires goods on sale to bear a price (in writing). Price indications can be attached to the goods, or placed adjacent to them, price lists may be used if adequately prominent.
The Consumer Protection from Unfair Trading Regulations 2008 state that prices must not be indicated in a manner that is misleading, either through the way in which it is given (because it is false or deceptive) or by omitting information about the price which the consumer needs to know (such as a compulsory delivery charge) if this would affect the customer's decision to buy. Do not use price comparisons or 'sale' signs when the higher price you quote in comparisons is unfair or meaningless.
Prices for services such as face-painting, craft making or temporary tattoos must be clearly displayed, also Prices must be in sterling and VAT inclusive.
Consumers have the same rights purchasing from a temporary stall as they would have from a high street shop. Basically this means that they may have a refund if the goods are faulty, not fit for the purpose or not of satisfactory quality.
The Consumer Protection from Unfair Trading Regulations 2008 state that consumer's rights must not be restricted, or appear to be restricted in any way.
Signs such as 'NO REFUNDS' or 'SOLD AS SEEN', which would appear to affect the consumer's statutory rights should not be displayed.
Such a phrase on a receipt has no legal bearing and consumers' rights remain unaffected, they will still be entitled to redress in the event of faulty, unsatisfactory or misdescribed goods.
TRADING STANDARDS SERVICE Food Items
Food must be properly and accurately described. Pre-packed self-produced foods must be labelled to declare any additives, irradiated or genetically modified ingredients.
Selling products produced by a third party will require full labelling information (please seek further advice on this).
Eggs require a best before date, appropriate storage information, individual eggs must be stamped and a notice must be displayed explaining the meaning of the stamped code.
The description 'organic' can only be used to describe agricultural products, livestock and food which are produced and prepared in accordance with the detailed standards laid down.
Weights and Measures
Certain goods (like most foods) must bear an indication of their weight, quantity or length. Certain goods (such as beer, jam and bread) may only be sold in certain specified quantities.
Beer and wine must be measured using approved equipment (such as a metal measure) or served in a 'stamped' glass. This is the guarantee that it is an accurate measure. To sell 'short-measure' is an offence.
Measurements marked on packaged food, like jars of jam or chutney must be accurate. Pick n mix must be sold in a certain way so please contact us for further guidance.
Descriptions of Goods and Counterfeits
It is a breach of contract if goods or services are mis-described. It is also a breach of the Consumer Protection from Unfair Trading Regulations 2008 to mislead consumers with regard to the description of goods or services.
This would apply to descriptions such as 'gold necklace', 'waterproof, etc. Where jewellery is being sold a hallmarking notice must be displayed.
Stalls which purport to benefit a charity but do not, or only do so in a very limited way will be breaching the law.
Before selling recorded or branded items such as CD's, videos, DVDs or t-shirts, satisfy yourself that they are not counterfeit or unauthorised copies, because heavy penalties can be imposed on anyone who breaches copyright and trade mark laws.
We regulate a number of products which may not be sold to children. These include imitation firearms, solvents, knives, lottery tickets, fireworks, pets, petrol, '18' rated games/videos, and of course, alcohol and cigarettes.
Be careful with tombola prizes to ensure children cannot win unsuitable prizes. It is an offence to offer an animal as a prize to under 16's.
General Duty to Trade Fairly
There is now a general duty not to trade unfairly which was introduced with the Consumer Protection from Unfair Trading Regulations 2008. Traders must not do anything which is unfair to consumers, and which would affect the consumer's decision, for example to purchase or not to attempt to get their money back.
Insurance is an important issue. Stallholders are responsible for their own insurance and are not covered under the main festival insurance. We suggest that you check with your insurance company that you have the necessary cover. Please send a copy of your liability insurance if you have one.
Confirmation letters with your allocated arrival time and stall location will be sent by post or email.
I really hope you'll be able to join us for this wonderful day celebrating our community and the wonderful creatures we share it with. I hope by the end of the day you will agree that Wildlife really does Rock!
You are responsible for clearing the immediate area around your stall of litter before you leave.