Ely Weekly Sunday Market Summer Car Boot – Terms & Conditions (Ely Markets are signed up to “Real Deal” terms and conditions) Guidance for buyers and sellers at car boot sales: Ely Sunday Market Summer Car Boot is open to private sellers only. If you are a trader, please contact Ely Markets team to apply for a pitch on the Sunday Market http://www.eastcambs.gov.uk/licensing/market-stalls-and-pitches-permissions For full guidance see Terms & Conditions, the following areas are highlighted in respect of items for sale: Care & Caution Prohibited Goods: Refer to full guidance below for more information: Electrical Goods Toys Upholstered furniture Children’s clothing Videos & DVDs copied / counterfeit CDs or DVDs counterfeit goods of any description Food alcohol tobacco of any description Duty free goods (e.g. perfume) pets or livestock Fuel Knives (sporting or ornamental Guns, firearms or weaponry (real, deactivated or replica, incl. gas, air or blank firing) Fireworks and explosives Pornographic media or materials If you have any doubts over the safety of the goods you wish to sell - don't sell them. If you sell at a car boot sale it is strongly recommended that you become familiar with the legal implications of doing so. While there are many genuine "non trader" sellers and many legitimate "traders", there are also many non legitimate traders who sell at car boot sales under the guise of private individuals, with a view to escaping tax, VAT and their legal and moral obligations to their customers. How do you know whether you are a trader or a private individual? Ask yourself whether the goods you are selling are your own personal property. If they are not and you are buying goods for the express purpose of selling them for a profit you are very likely to be considered a trader under the law. Also, if you sell at car boot sales on a regular basis, even if it is only once every couple of months, you may be regarded as a trader. And if you employ anyone and/or sell the same type of goods from other venues, such as markets or from home, you are almost certainly a trader in the eyes of the law. www.eastcambs.gov.uk markets@eastcambs.gov.uk 01353 665555 To sell or have in possession for sale counterfeit goods is a criminal offence. If you sell counterfeit goods you risk prosecution and the forfeiture of the goods together with a fine or possible imprisonment. As well as counterfeit goods you should avoid selling items which infringe the copyright of others, e.g. unauthorised smart cards for satellite TV decoders. Further information: www.tradingstandards.gov.uk http://www.realdealmarkets.co.uk Guidance for sellers We can only identify some of the common areas of concern, but if you're not sure please contact Trading Standards for guidance. Electrical goods Given the potential risks, it is advisable that electrical goods are examined by a competent electrician before being put on sale. In any event: Most electrical appliances must be supplied with a fitted standard plug; this does not apply to appliances intended on being permanently connected to the fixed wiring. Plugs should be marked as being BS BEAB, BSI or ASIA approved with insulation on live and neutral pins. You should also check that the cord grip is fitted correctly and the mains lead is not frayed or broken. Make sure that guards and other safety devices are fitted and working thereby providing adequate protection against potential hazards. All new electrical goods have to comply with a range of detailed legislation in order to ensure the safety of users. They also have to be either earthed or insulated. Toys Toys must be marked with suitable warnings about the recommended age of the child they are suitable for. Basically, toys must: Have no accessible points and edges. Must not be flammable. Be able to be stopped quickly if they are moving toys. Not release toxic chemicals, e.g. from paints. Not, if electrical, operate at more than 24 volts. Be clean and hygienic. Have no easily removable small parts. Not represent a choking hazard. Have instructions on safe use. All new toys have to bear a CE mark (to show that toy safety standards are met), the name and address of the manufacturers and other requirements. www.eastcambs.gov.uk markets@eastcambs.gov.uk 01353 665555 Upholstered furniture All second hand all upholstered furniture must comply with the Furniture and Furnishings (Fire) (Safety) Regulations. This means that they must be match resistant or contain a fire resistant interliner and all fillings must pass fire resistant tests (the only exemption is for furniture manufacture before the 1950s) compliance should be indicated by the presence of permanent labels on the furniture. The same rules apply if selling new upholstered furniture. Videos and DVDs These should be labelled with the appropriate classification and not sold to anyone underage. For example, an "18" classification should not be sold to anyone under 18. Only licensed sex shops sell "R18" videos. Clothing Trading Standards recommend not selling nightwear as it may not meet anti-flammability standards. It is advisable to be cautious of selling clothes that may have potential hazards, e.g. children’s coats and jackets with hood cords that may present a strangulation hazard. Other goods A number of goods are controlled by specific controls. Examples include oil heaters, prams and pushchairs, tyres, hood cords in children’s garments etc. Contact Trading Standards for advice on specific product safety issues. Buyers' rights and Seller Obligations If you are trading at car boot sales, consumers are legally entitled to expect that any items sold are: As described Of satisfactory quality Fit for purchase As a private individual selling unwanted goods, consumers are entitled to put faith in any description you apply. For example, if you describe a watch as "working" it should be. Price indications should not be misleading. www.eastcambs.gov.uk markets@eastcambs.gov.uk 01353 665555 PROHIBITED GOODS copied / counterfeit CDs or DVDs counterfeit goods of any description Food alcohol tobacco of any description pets or livestock Fuel Knives (sporting or ornamental) Guns, firearms or weaponry (real, deactivated or replica, inc. gas, air or blank firing) Fireworks and explosives Pornographic media or materials ILLEGAL GOODS It is illegal to sell any of the following items at Car Boot Sales and if you are found to be doing so the items are likely to be confiscated by police or trading standards and you may face criminal charges. Any Counterfeit Goods Knives (Sporting or Ornamental) Guns or weaponry (Real, de-activated or replica - inc. gas, air or blank firing) Fireworks and Explosives Further information: www.tradingstandards.gov.uk http://www.realdealmarkets.co.uk For information and enquiries on Ely Markets, please contact: Markets Team East Cambridgeshire District Council Tel: 01353 665555 Email: markets@eastcambs.gov.uk Website: www.visitely.org.uk Follow us on Twitter: @Visitely Ely Markets: General Market – every Thursday Craft & Collectables – every Saturday nd th Farmers’ Market – every 2 & 4 Saturday st rd th Craft & General – every 1 , 3 & 5 Saturday General Market – every Sunday & Bank Holiday Monday www.eastcambs.gov.uk markets@eastcambs.gov.uk 01353 665555