Terms of Service

1. Agreement to these terms

These Terms of Service form an agreement between you and EVER EXUBERANT LIMITED. By using this website, submitting an enquiry, booking a stall service or hiring equipment from us, you confirm that you have read these terms and that you accept them. If you do not accept them, please do not use the website or book our services.

If you are acting for an organisation, you confirm that you have authority to bind that organisation to these terms. In that case the organisation is the party to the agreement, although the individual who submits the booking may still be contacted for operational matters such as arrival times and equipment delivery.

Where a separate written agreement has been signed with an event organiser, that agreement takes priority over these terms to the extent of any conflict. In all other respects these terms continue to apply to the work we perform.

2. About the company

EVER EXUBERANT LIMITED is a company registered in Hong Kong with its office at Rm 1001 10/F NEW MANDARIN PLZ TWR B, 14 SCIENCE MUSEUM RD, Hong Kong (HK). The business provides sourcing and resale coordination for community swap events and market traders, including stall allocations, load-in coordination, table hire, seasonal market planning, goods sourcing and trader support.

References in these terms to we, us and our mean EVER EXUBERANT LIMITED. References to you mean the person or organisation using the website or the services. A reference to a market day includes any related load-in period, trading period and close-down period connected with that event.

You can reach us about any matter under these terms by email at care@everexuberant.hair or by telephone on +13269991947 during our published business hours.

3. The services we provide

We coordinate the operational side of a swap meet field. Our work is practical and logistical, and it is provided on the basis described in the relevant booking or service note. The core services are stall allocations, morning load-in coordination, vendor table hire, seasonal market days, goods sourcing and trader support.

We are a coordinator and supplier of services and equipment. We are not the seller of the goods that traders offer at a market, we are not an auctioneer, and we do not take title to trader stock. Sales contracts are made between the trader and the buyer directly, and we are not a party to those contracts.

We do not guarantee any level of visitors, sales or profit at a market day. Trading outcomes depend on many factors outside our control, including the weather, the location, the mix of goods, competing events and the general mood of the crowd. We commit to running the operational side competently and to communicating clearly when something changes.

4. Bookings and confirmations

An enquiry does not create a booking. A booking exists when we have received the information we need, agreed the scope and issued a written confirmation that sets out the date, the service, the equipment and any fee. Please check the confirmation carefully and tell us at once if anything is wrong.

For stall allocations and table hire we may need the trader name, contact details, the goods category and the equipment required. For seasonal planning we may need a schedule of preferred dates and a description of the site. We use this information to prepare the allocation map and to arrange the equipment and staffing needed for the event.

Bookings are subject to availability. Where a date is already full we will offer an alternative date, a different pitch size or a place on a waiting list, as appropriate. A place on a waiting list is not a confirmation and does not guarantee a stall.

5. Fees and payment

Fees for our services are set out in the confirmation or in a written service note. Fees may cover allocation planning, load-in coordination, equipment hire, seasonal planning, sourcing work or support staffing, depending on what has been booked. Unless stated otherwise, fees are quoted in the currency shown in the confirmation.

Payment terms are stated on the confirmation. Where a deposit is required to reserve equipment or a pitch, the booking may be released if the deposit is not received by the stated date. Any late payment may attract an administrative charge where the confirmation allows for it, and we will always explain the charge before applying it.

Where a fee depends on the number of tables, the number of traders or the length of a season, we will use the figures agreed in the confirmation. If those figures change significantly, we will discuss the effect on the fee before the extra work is carried out.

6. Cancellations and changes

If you need to cancel or change a booking, contact us as early as you can. The earlier we know, the more likely it is that a pitch or a set of tables can be used by someone else. The cancellation terms that apply will be those set out in your confirmation or service note.

Where no specific terms are stated, a cancellation more than seven days before a market day will normally be handled without a cancellation fee, apart from any costs already committed to third parties such as transport. A cancellation within seven days may attract a fee that reflects those committed costs and the difficulty of reallocating the pitch.

We may need to change a booking where a site becomes unsafe, where a venue withdraws permission or where an event is postponed by an organiser. In those cases we will tell you promptly, explain the reason and offer an alternative date or a refund of amounts paid for the affected service where the change is our responsibility.

7. Trader obligations

Traders are responsible for the goods they bring, the prices they set and the way they deal with buyers. You must hold any licence or permission required for the goods you sell, and you must comply with the rules of the venue and of the event organiser. You must set up and pack down within the windows we provide so that the field remains safe for everyone.

• Arrive within the load-in window confirmed for your pitch.
• Set up within the bounds of your allocated pitch and keep walkways clear.
• Keep your area tidy and remove your own waste at the end of the day.
• Provide accurate contact details so that we can reach you about changes.
• Respect neighbouring traders and follow instructions from the coordinator.
• Hold any licence or permit required for the goods you offer.

If a trader cannot attend, they should tell us as soon as possible so that the pitch can be released. A trader who repeatedly fails to attend without notice may lose priority in future allocations. This is not a penalty for a genuine emergency, which we will take into account in every case.

8. Goods permitted at the field

Community swap events are for the exchange of lawful goods. You must not offer goods that are stolen, counterfeit, unsafe, prohibited by law or subject to restrictions that you have not satisfied. You must not offer live animals, hazardous substances, weapons or any item that the venue does not allow. If you are unsure whether an item is suitable, ask us before the event rather than on the day.

Food and drink may be offered only where the trader holds the permissions required for food handling and where the venue allows it. Electrical goods must be safe to use and must not overload the available supply. Where a pitch has no power, the trader must not run cables across a walkway or draw power from another stall without permission.

We may ask a trader to remove an item that appears unlawful, unsafe or contrary to the rules of the event. If the trader does not comply, we may close the stall and require the trader to leave. In such a case any fee already paid is not automatically refundable, and we will explain the reason for the decision in writing.

9. Equipment hire and care

Equipment supplied under vendor table hire remains the property of EVER EXUBERANT LIMITED. You must use it for its intended purpose, keep it in good condition and return it at the agreed time and place. Tables must not be modified, cut, drilled or used as scaffolding, steps or a platform for anything other than normal display.

If equipment is damaged beyond fair wear and tear, we may charge the reasonable cost of repair or replacement. We will inspect the item with you where possible and provide a short note explaining the charge. A deposit, where one is held, may be applied against such a charge, and any remaining balance will be returned in line with the hire note.

Equipment must be returned clean and free of tape, paint and heavy soiling. Where a trader has used a table for a purpose that leaves marks, a cleaning charge may apply. We keep these charges modest and apply them consistently, so that the cost of shared equipment stays low for everyone.

10. Safety and conduct

Safety comes before trading. Walkways must remain clear at all times, fire equipment must not be blocked and vehicles must follow the directions of the coordinator. Traders must not run generators, use open flames or store fuel at a pitch without written permission. If you see a hazard, report it to the coordinator immediately rather than waiting for the end of the day.

Our field is a shared space, and conduct matters as much as safety. Abusive behaviour, harassment, discrimination and intimidation are not tolerated. A coordinator may ask a person to leave where their conduct threatens the safety or dignity of others. In serious cases we may involve the venue, the organiser or the police.

Children must be supervised by a responsible adult at all times. Traders should keep cash and valuables secure and must not leave a stall unattended in a way that creates a risk. We provide general coordination, but each trader remains responsible for their own property.

11. Weather and site conditions

Outdoor market days are affected by weather. We monitor forecasts in the days before an event and agree a rain plan with the organiser. Where strong wind, heavy rain or extreme heat makes a field unsafe, we may delay the opening, move the event to a covered area or cancel the day. We will communicate the decision as early as we can.

Where a market day is cancelled for weather reasons, we will offer an alternative date or a refund of amounts paid for the affected service, less any costs already committed to third parties. We will set out the position clearly rather than leave traders guessing. Traders should bring suitable cover for their goods and should not rely on our tarps as a complete protection against rain.

Site conditions can also change for reasons other than weather, such as a late withdrawal of permission or unexpected works at a venue. We will tell you as soon as we know and will work with the organiser to find a practical solution.

12. Goods sourcing desk terms

The goods sourcing desk helps traders identify stock, packaging and display pieces. We provide introductions and practical suggestions, but we do not guarantee the quality, legality or suitability of goods supplied by a third party. The trader remains responsible for inspecting goods before purchase and for complying with any rules that apply to them.

Where we arrange a sample, we may pass the trader requirements to a supplier, limited to what is needed to obtain a quotation. We do not act as the trader agent in the purchase contract unless a separate written arrangement says otherwise. Prices, delivery terms and returns are a matter between the trader and the supplier.

Sourcing advice is given in good faith based on the information available at the time. If a suggested source turns out to be unsuitable, tell us and we will help find an alternative where we can. Our sourcing fee, where one applies, covers the work of searching and coordinating, not the purchase price of the goods themselves.

13. Limitation of liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or for any other liability that cannot lawfully be excluded. Subject to that, our liability to you in connection with the services is limited to the amount of the fee paid for the service concerned.

We are not liable for indirect or consequential loss, including loss of profit, loss of sales, loss of goodwill or loss of opportunity. We are not liable for the acts or omissions of a venue, an event organiser, a supplier or another trader. We are also not liable for loss caused by circumstances beyond our reasonable control, such as severe weather, transport disruption, public order events or a failure of utilities at a site.

Where we supply equipment, our responsibility is to provide it in a safe and usable condition. We are not liable for damage to goods placed on a hired table, nor for losses caused by a trader failure to secure their own stock or cash. Traders are encouraged to arrange their own insurance for goods and equipment where the value justifies it.

14. Indemnity

You agree to indemnify EVER EXUBERANT LIMITED against reasonable losses, costs and claims arising from your breach of these terms, your unlawful conduct at a market, or your infringement of the rights of another person. This includes claims relating to goods you have sold, statements you have made about them, or damage you have caused to a venue or to equipment.

This indemnity does not apply to the extent that a loss is caused by our own negligence or breach of these terms. If a claim is made against us, we will tell you promptly and allow you a reasonable opportunity to respond, while taking steps to protect our position and that of the venue.

15. Intellectual property

The content of this website, including its text, layout, graphics and code, belongs to EVER EXUBERANT LIMITED or is used with permission. You may view the pages and print a copy for your own reference, but you must not copy, republish, sell or redistribute the content for commercial purposes without our written permission.

The name EVER EXUBERANT LIMITED, together with any associated marks and designs, belongs to the company. Nothing in these terms grants you a licence to use those marks. If you wish to refer to us in a publication or on a website, please contact us first so that the reference is accurate and does not imply an endorsement that has not been given.

Any material you send to us, such as a photograph of a stall or a description of your goods, remains yours. By sending it, you grant us a limited permission to use it for the purpose of planning and promoting the market, unless you tell us otherwise in writing.

16. Third party services and links

Our website may contain links to third party websites, and our services may involve third party suppliers such as equipment transporters or payment providers. Those parties operate under their own terms and privacy practices. We do not control their websites or their systems, and we are not responsible for their content or their conduct.

Before you rely on a third party service, read its terms and its privacy notice. If a third party service fails or causes a delay, we will help you address the practical consequences where we reasonably can, but our responsibility remains limited as set out in these terms.

17. Dispute resolution

If a dispute arises, please raise it with us first. Write to care@everexuberant.hair with the details of the issue, the date and the pitch or service concerned. We will acknowledge the message, review the records and respond with a clear position. Many matters can be settled quickly through a conversation once the facts are known.

Where a dispute cannot be resolved by discussion, the parties agree to consider mediation before starting legal proceedings, except where urgent action is needed to protect a person or property. Mediation can be quicker and less costly than litigation, and it often preserves a working relationship that both sides value.

Nothing in this clause prevents either party from seeking interim relief from a court where the circumstances require it. All discussions held during an attempt to resolve a dispute are confidential and are not used in later proceedings except as the law allows.

18. Suspension and termination

We may suspend or end your access to the services if you breach these terms, if you behave in a way that endangers others, or if continuing would expose us or a venue to legal or safety risk. Where the matter is not urgent, we will give you notice and a reasonable chance to put it right before taking action.

You may end the agreement by telling us in writing that you no longer wish to use the services. Ending the agreement does not remove any obligation to pay for work already carried out or to return equipment already hired. The clauses on liability, indemnity, intellectual property and governing law survive the end of the agreement.

19. Privacy and personal data

We handle personal data as described in our Privacy Policy, which forms part of these terms. The policy explains what we collect, why we use it, how long we keep it and the rights available to you. Please read it alongside these terms before submitting personal information through the website or during a booking.

Where you provide personal data about another person, such as a fellow trader or a colleague, you confirm that you have permission to do so and that the person understands how the information will be used for the market. We will use that information only for the purpose for which it was provided.

For any privacy question, contact care@everexuberant.hair or call +13269991947. Requests about access, correction or deletion will be handled in line with the Privacy Policy and applicable law.

20. Changes to these terms

We may update these terms from time to time to reflect changes in our services, our systems or the law. When we do, we will update the effective date at the top of the page. If a change is material, we will take reasonable steps to bring it to the attention of active clients and traders.

The terms that apply to a booking are normally the terms in force when the booking is confirmed, unless a later change is required by law. The current version of these terms is always available on this page, and we encourage you to check it before making a new booking.

If any part of these terms is found to be invalid or unenforceable, the remaining parts continue to apply. A failure to enforce a provision on one occasion does not mean that the provision is waived for the future.

21. Governing law

These terms are governed by the laws of Hong Kong. The parties agree to submit to the non exclusive jurisdiction of the courts of Hong Kong, without prejudice to any right to bring a claim in another forum where the law permits and where that forum is more appropriate for the parties involved.

If you access this website from outside Hong Kong, you are responsible for compliance with any local law that applies to you. These terms do not override any mandatory consumer protection that applies in your place of residence, where such protection cannot lawfully be excluded.

22. Contact information

Questions about these terms, a booking or a service should be sent to EVER EXUBERANT LIMITED at care@everexuberant.hair or raised by telephone on +13269991947. Our office is at Rm 1001 10/F NEW MANDARIN PLZ TWR B, 14 SCIENCE MUSEUM RD, Hong Kong (HK). We are open Monday to Friday from 9:00 to 18:00 and Saturday from 9:00 to 13:00 Hong Kong time.

Please include your booking reference, the event date and a clear description of the matter so that we can find the right records and reply promptly. We aim to respond to all written enquiries within a few working days, and to urgent matters concerning a market day on the same day.

By using this website and our services, you confirm that you have read these terms together with the Privacy Policy and that you accept them.