Terms & Conditions
Please find below the Terms & Conditions related to Membership and Trading at the Lichfield Christmas Fayre.
These terms are reviewed on a regular basis.
Membership Terms & Conditions
Last updated: January 2024
1.1 These terms and conditions (“Terms”) apply to Lichfield Chamber of trade and Commerce (“Membership”) operated by Lichfield Chamber of Trade and Commerce (“we” or “us”). By applying to be a member of our Membership, you agree to he following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing. The agreement between us and you, the person or entity applying to be a member of our Membership (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you applying to be a member of our Membership and shall continue until terminated in accordance with these Terms.
1.2 These Terms should be read in conjunction with our Privacy Policy and Code of Conduct (all of which can be found on our website www.lichfieldchamber.org.uk (“site”)).
1.3 Any content posted or submitted by you to our site or to our Facebook Group in the course of your Membership is subject at all times to the Code of Conduct.
1.4 Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
2.1 We may at our absolute discretion refuse either type of membership to any person or entity and we shall not be obliged to state our reasons for such refusal.
2.2 Memberships shall continue unless they are terminated by either of us in accordance with clause 6 below.
2.3 You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorised use of your account.
3.1 The total price payable for the Membership is as set out on the order form. You may make payment via the methods that are specified on the order form.
3.2 Where your order is for a [12 month] membership, unless you are on the automated subscription renewal, your membership shall expire (and the Contract shall terminate) on the date falling 12 months after the date of payment. If you wish to continue to have access to the materials, you must renew your membership in the manner advised on our site.
3.3 The total price payable as set out in the order form is exclusive of Value Added Tax.
4.1 We warrant to you that the Membership is of satisfactory quality and reasonably fit for the purpose for which you purchased the Membership.
4.2 Other than as set out in paragraph 4.1 above, all warranties and representations are excluded to the fullest extent permitted by law.
4.3 We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
4.4 You acknowledge that your personal data will be processed by and on behalf of us. We will process your personal data in accordance with our Privacy Policy.
5.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials provided to you by us as part of the Membership (“Materials”) and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materials [or the content of the Programme] to you or to any other person.
5.2 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the Materials.
5.3. We grant to you a limited, non-exclusive, non transferable, non-sub licensable, revocable licence to use all or any of the Materials for the purposes for which the Membership was provided only.
5.4. Except as set out in paragraph 5.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
5.5. You may not without our prior written consent make any audio or visual recordings of any part of our Materials.
5.6 We may from time to time record any or all or any part of the Materials being delivered during your attendance. You authorise us to use your image and voice in any such recordings (and to make use of such recording in any way we think fit) without payment, other condition or need for further consent.
5.7 You acknowledge that certain information contained in the Materials is already in the public domain.
5.8 The provisions of this paragraph 6 shall survive termination of the Contract.
6.1 The Contract shall continue until your membership expires, other than for the Terms that are specifically stated to remain in force which will survive termination of the Contract.
6.2 Notwithstanding the provisions of paragraph 6.1 either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
6.2.1 The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms or the Code of Conduct.
6.3 Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.
6.4 Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
6.5 Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
6.6 This paragraph 6 shall survive termination of the Contract.
6.7 Where the Contract expires, this shall be treated as a termination for the purposes of all paragraphs that refer to “termination”.
7.1 We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Membership.
7.2 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Membership.
7.3 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
7.4 We shall not be liable for additional costs incurred by you as a result of changes in (i) the Membership, (ii) the location of venues or (iii) the time and date of sessions.
7.5 Nothing in this paragraph 7 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.6 The provisions of this paragraph 7 shall survive termination of the Contract.
7.7 You acknowledge and agree that:
7.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Membership (which shall be deemed to have been terminated by mutual consent);
7.7.2. In entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Membership other than as expressly set out in the Contract.
8.1 By applying for Membership you warrant that:
8.1.1 You are legally capable of entering into binding contracts; and
8.1.2 You are at least 18 years old; and
8.1.3 That all information you provide us with is materially true and accurate at all times and not misleading in any way.
8.2 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms at any time.
8.3 All notices sent by you to us must be sent to Lichfield Chamber of Trade and Commerce at info@lichfieldchamber.org.uk. We may give notice to you at either the e-mail or postal address you provide to us in writing. Notice will be deemed received and properly served 24 hours after an e-mail is sent or two days after the date of posting of a pre-paid first class, recorded delivery or registered letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the first class, recorded delivery or registered post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
8.4 If any court (or other competent authority) decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
8.5 If we do not insist on performance of your obligations or we delay in exercising any rights or remedies that we have, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
8.6 We may vary these Terms (other than the price payable by you for the Membership which is set at the AGM to come into effect the following January) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Membership will be deemed to be your acceptance of any new Terms.
8.7 You accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8.8 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
8.9 These Terms and any dispute or claim arising out of or in connection with it shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.
Traders Terms & Conditions
Last updated: January 2024
1.1 Full payment for your pitch must be made at the time of reservation. Your pitch is not reserved until full payment has been received and cleared.
1.2 Once full payment has been received your booking will be reviewed. The organiser reserves the right to refuse bookings, at which point your payment will be refunded. This is usually, but not limited, to reasons such as ensuring that there are not too many traders of a duplicate nature. We do not enter into discussion around why you have been refused at stall at our event.
1.3 You will receive a form to complete which forms part of these terms and conditions. Failure to complete all relevant sections will result in your booking being cancelled with no refund.
1.4 Once the form is completed, and any necessary license such as Street Trading (if applicable) and/or TENs (if applicable) are obtained then only at this point will your stall be confirmed.
2.1 You will be allocated a pitch and, if applicable, a table by the organiser. Any changes to the position of your pitch (which must be within the lines marked up outside) or table must be agreed with the organiser before you move it.
2.2 Stall holders are responsible for removing all items and rubbish from their pitch prior to departure. Failure to do so may result in a fine from Lichfield District Council, payable by the stall holder. Offending stall holders will not be invited to attend future events organised by Lichfield Chamber of Trade and Commerce.
2.3 Stall holders must provide a copy of their current public liability insurance (minimum £5 Million) and any Food Hygiene Rating certification to the chosen standards of the organiser (currently 4 and above) via their profile. If you are a street food vendor you will also need to complete our Street Food Risk assessment.
2.4 Stall holders are responsible for ensuring that they comply with the necessary legislation regarding their products, i.e. food hygiene, UKCA certification etc. Failure to do so will result in you not being permitted to trade on the day of the event. No refunds will be given in these circumstances.
2.5 It is the stall holder’s responsibility to apply for Street Trading Licence, TENS and other individual licenses required by Lichfield District Council/Lichfield City Council as appropriate for your stall. Failure to do so will result in you not being permitted to trade on the day of the event. No refunds will be given in these circumstances.
2.6 Stall holders must ensure they have individual insurance for their own stock and property on the day and take responsibility for anything left unattended.
2.7 Stall holders are responsible for providing their own stock, fittings, and shelters, to fit within the pitch space allocated to them. Under no circumstances can you attach anything to the walls in the Guildhall.
2.8 Under no circumstances are generators permitted to be used.
2.9 If you are using electrical equipment this much have a current PAT Testing certificate otherwise you will not be permitted to use it. This will be checked on the day of the event and if found to be fault will be removed. If this means you can then no longer trade you will be asked to leave. No refunds will be given in these circumstances.
2.10 The organiser is not responsibility for stock, personal items, fittings, shelters, or property brought to the event by the stall holder in the event of loss, theft, or damage.
2.11 The organiser does not offer refunds to stall holders who experience poor sales during the event.
2.12 In the event of a vendor/stall holder cancellation, we will only offer a refund if the pitch can be sold to another vendor/stall holder. If this is within one month of the event a 50% admin charge will added for any resales i.e. you will only receive a 50% refund. No refunds will be offered within two weeks of the event.
2.13 Health and Safety is the responsibility of the stall holder.
2.14 Bookings are non-refundable under any circumstances on the day of the event. Neither are they refundable if we have to cancel the event due to severe weather etc.
2.15 Stall allocation is subject to change right up to the start time of the event.
2.16 We reserve the right to refuse bookings without prejudice.
2.17 Generally, tables and chairs are not provided. The only exception is to pitches within the Guildhall where these are provided and in the Hub at St. Mary’s where some tables and chairs may be available upon request.
2.18 If you DO NOT give permission for your products to be photographed, please display a NO PHOTOGRAPHY sign on your stall.
3.1 Trading times are from 10.00 am to 4.00 pm.
3.2 You will be allocated an arrival time and will be between 7.00 am and 9.00 am. Please do not arrive before this time as you will not be allowed access. No vehicles will be permitted access after 9.30 am.
3.3 Vehicles must be off site by 9.00 am if you are trading in Zone 3, The Three Spires, and 9.30 am.
3.4 There is no return before 4.00 pm.
3.5 Stalls must be packed down before you fetch you car.
3.6 If you are trading Zone 3, The Three Spires, you will not be permitted to return with your vehicle before 5.00 pm. You will however be permitted to walk your gazebo etc. off site at 4.00 pm when the organiser has deemed it safe.
3.7 All other locations after 4.00 pm, please wait for confirmation from the organiser that access is open before returning with vehicles.
4.1 Failure to adhere to any part of these term and conditions can result if you not being permitted to trade with us at future events.