Information for Stallholders

STALLHOLDER CRITERIA

The Bairnsdale Makers Market have created a set of criteria used to determine a products suitability at our market.

Maker Criteria:

  • Handmade/designed/created by the maker
  • New and/or recycled materials used to create a new product
  • Not Mass produced or imported

 

Application Guidelines/Requirements:
It is a requirement that all stall holders apply for each market we hold. We cannot guarantee any stall holder acceptance until the committee have reviewed the applications received. Acceptance to become a stall holder at the Bairnsdale Makers Market is at the discretion of the Bairnsdale Makers Market Committee and the committee holds the rights to decline a stall holder’s application.

Applications must have clear and detailed information about all of your product offerings. We understand that makers are continually creating new products and evolving ‘old’ products. If you have already submitted your application form and wish to add a new item to your product list, simply email through a description and photo of your product for approval to customerservice@bairnsdalemakersmarket.org and you will receive an email either confirming or declining this new product addition. It is also important for you to advise us if there are products that you have listed on your application form that you no longer wish to bring along.

Please ensure you have email friendly quality images of your stock and copies of your insurance policy/certificate of currency (if applicable) ready at the time of application. Image/s from your application will be chosen to announce your involvement and promote your business in the market through our media channels. It is important to showcase your products with high-quality images, a few photography tips are listed below:

  • Use natural light (set up near a window or white wall)
  • Keep backgrounds simple
  • Different photos of the one product – photo of whole thing, close up of detail, different angles

If you do have your own insurance you will need to provide us with a copy of your policy/certificate of currency. Stallholders whom hold their own insurance will receive a $5.00 discount off their stall fees once we receive a copy of your policy.

All application results and correspondence is sent directly to applicants via email, so it is imperative that your supplied email address is current.

 

APPLICATION PROCESS

The Bairnsdale Makers Market provides a timeline for each step in the application process per market. This information is specified on the stallholder application form.

The application process is as followed:

  1. Read the Market Terms and Conditions.
  2. If you believe your products fit our market criteria and you would like to apply for a stall, complete and submit a Stallholder Application Form.
    • After applying you will receive two forms of confirmation. Firstly a message will be displayed upon submission (please scroll back up to the top to view this feedback), which states your application has been successfully submitted. In addition, you will also receive an email advising you that your application form has been submitted. Sometimes the Internet chooses to mark our important emails as Spam so please check your junk mail folder. If you do not receive a confirmation you are welcome to contact us to confirm that your application has been received.
  3. Below outlines a flowchart on the process after submitting your application:

apply-for-bairnsdale-makers-market

Stallholders are accepted based on the following criteria:

  • The level at which the applicant’s products fulfil our market criteria (as above)
  • The applicants consistency at attending the Bairnsdale Makers Markets in the past
  • Number of available spaces left in the category/categories of your product offerings
  • Whether the applicant holds their own product and/or public liability insurance
  • The applicants ability to be respectful and act professional towards the Bairnsdale Makers Market and its Committee

 

REGULATORY / SAFETY STANDARD INFORMATION

The onus is on the stallholder/business to ensure their products meet the relevant/applicable safety and mandatory standards as set out by the law; it is not the responsibility of the Bairnsdale Makers Market committee. We expect all makers are familiar with any state or federal legislation that does or may apply to their items, including labelling, product safety, insurance, etc. We expect that you have any certification that is relevant to your items, as we will ask to see it. Please think carefully about your items, especially when it comes to the safety of babies and children.

This link is a good start to familiarising yourself with the relevant laws and guidelines: https://www.productsafety.gov.au/products

 

Mandatory Standards:

Mandatory standards are a legal requirement and apply to products that are identified as being potentially hazardous and generally require, by law, a specific level of correct design to ensure that these products do not cause injury or damage.

The State Government administers a range of national mandatory safety, information standards and bans for particular products supplied in the consumer marketplace, including weekend markets. Standards apply to children’s toys, nightwear and cosmetics, to name a few. 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.

All traders, including markets stallholders, have an obligation to take steps to ensure that the products they sell that are covered by these standards and comply with the mandatory requirements. Traders should also ensure that any compliance statement made on products, packaging or promotional material is correct. Specifically in regards to babies and children’s products (Toys, Dummy Chains, Silicone Jewellery, Teething Toys/Bibs, Play Gyms etc), if the products are not made properly, they could severely injure, harm or kill. We know that makers do not intend for any of this to occur however, this is the reality of what ‘could’ happen. As the maker, you need to understand that generally, customers/parents don’t buy these products even considering Mandatory Standards or Product Safety Laws and a lot of the time they buy the product because it looks nice and they want to support handmade. Therefore, the onus is on the seller/business to meet relevant safety and mandatory standards and to ensure what they are getting is safe.

It is imperative that you continually research your product:

  • Know what you are making. The product safety website as listed above is a great place to find out what mandatory standards apply to different products.
  • If there is a standard relevant to your product, spend the money to buy the Standards. Yes, they do cost money, however having them provides a piece of mind. The cost approximately $150-300 from SAI Global.
  • Consult with relevant professionals in regards to testing and insurance. Although there are currently no legal requirement to have products tested and certified by an independent lab, this is the only way you can be 100% sure that the product meets the mandatory standards. In a court of law or when you are being investigated by the ACCC (which they are doing now, mystery shopping baby product makers especially at markets), stating that you have read the standards or that you have personally tested your product won’t cut it, independent certification will. Even if you hold your own liability insurance, if your products fail the Mandatory Standards then no insurer will save you.

At the request of the Bairnsdale Makers Market committee, applicants may be required to provide documentation to demonstrate any products listed meet the relevant legislative safety standards. If this is not actioned in a timely manner, your application will be cancelled. We know many of you feel we are quite strict in regarding to insurance and ‘rules’, specifically in regards to particular product offerings. We believe it is extremely important to invest in your products and provide the very best quality to your/our customers. Product knowledge, research and creation in line with mandatory standards is so important and necessary as a maker/handmaiden and not only does it affect the reputation of your business but also the market as a whole.

A food business is any business or activity that involves the handling of any type of food for sale, or the sale of food in Australia. We expect you to have the required certification and where required you may be asked to see it. Food safety standards place obligations on Australian food businesses to produce food that is safe and suitable to eat. The link here are a good start to familiarise yourself with the relevant laws and guidelines. Please think carefully about your items: http://www.foodstandards.gov.au/industry/safetystandards/pages/default.aspx

 

Trademark, copyright and licensed items:

Copyright
Copyright protection is free and automatic from the time a work is first written down or recorded in some way. You do not apply for copyright in Australia, and there is no system of registration here.

Copyright protects various works including artistic works such as paintings, drawings, cartoons, sculpture, craftwork, architectural plans, buildings, photographs, maps and plans.

Source: http://www.copyright.org.au/acc_prod/ACC/Information_Sheets/An_Introduction_to_Copyright_in_Australia.aspx

 

Trademarks
A trademark is a sign used in business to indicate that goods or services come from a particular trader or service provider. A trademark can be a phrase, word, letter, name, signature, numeric device, logo, colour, symbol, picture, aspect of packaging or shape, and even a scent or sound. It can consist of words or images alone or any combination of the above signs. Famous examples are the word “Coca-Cola” and the Nike “tick”. Typical actions that can make up trademark infringement include: using/making a replica of the entire or substantial part of the trade mark or deceptively similar to the trade mark without license or authority from the trade mark owner.

Source: https://www.artslaw.com.au/info-sheets/info-sheet/trade-marks

Only a person authorised to speak and/or act on behalf of the intellectual property owner can decide whether something infringes copyright or intellectual property and therefore it is not the responsibility of the Bairnsdale Makers Market to decide whether or not a particular product can or cannot be make available for purchase. As such, any items that clearly use trademarked wording/logos/images or copyrighted work cannot be sold at the Bairnsdale Makers Market unless the seller can demonstrate upon application that they hold the appropriate license to use and sell items using trademarked/copyright works. If there are any issues, you may wish to contact a trademark attorney or similar experts in these matters.