Boot Sale Agreement

This Boot Sale Agreement (the "Agreement') is a legal agreement between you ("Vendor") and Basic Sense (Pty) Ltd (“Basic Sense”). YOU MUST READ AND AGREE TO THE TERMS OF THIS AGREEMENT BEFORE YOU CAN BOOK A BOOT SALE SPOT. BY BOOKING BOOT SALE SPOT FROM BASIC SENSE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE AGREEING ON BEHALF OF ANOTHER PARTY, YOU REPRESENT AND CONFIRM THAT YOU HAVE AUTHORITY TO DO SO.

A) DEFINITIONS AND INTERPRETATION

“Booking Price” is the price stipulated on the Event Listing, and payable upfront by the Vendor, for the booking of a Spot at a specific Event. 

“Event” means the specific Boot Sale event, hosted by Basic Sense.

“Event Listing” means the information and specification page published on the Website and used for the advertising and Spot sales of a specific Event.

"Party" or "Parties" means the entities executing the Agreement, this being the Vendor or Basic Sense

“Representative” means, as to a Party and/or its Affiliate(s), any director, owner, officer, employee, consultant, contractor, agent, and/or attorney.

“Spot” means a standard car parking space (approximately 4.8 metres by 2.4 metres in size), or any other size space as specifically advertised on the Event Listing, designated for use as an individual sales spot for a specific Event.

“Terms” means these Terms & Conditions for Internet Advertising

“Theme” means the sales theme detailing the type of items which may be sold during a specific Event as specified in the Event Listing.

“Venue” is the physical location of the Event as stipulated in the Event Listing.

“Website” means the website operated by Basic Sense (www.basicsense.co.za)

B) BOOKING

  1. Booking for a Spot must be done: i) online using the www.basicsense.co.za website, ii) or at the Basic Sense Showroom located at Cnr of Sybrand van Niekerk Highway & Johan le Roux off-ramp, Meyerton, Gauteng, South Africa.

  2. A Vendor may book more than one Spot at a specific Event. Booking multiple Spots does not guarantee that these Spots will be side-by-side or in close proximity to each other. 

  3. Payment of the Booking Price must be made to Basic Sense before entry to the Event is granted.

  4. Spots will be allocated on a “first come, first served” basis on the day of the Event – so get in early to choose your spot!

  5. Spots and Events dates are non-transferrable under any circumstances.

  6. Basic Sense reserves the right to determine the types of Spots allowed and the location of Spots at the Event.

  7. Once Basic Sense accepts payment for a booking, there will be no refunds under any circumstances.

  8. Basic Sense reserves the right to reschedule or cancel the Event without providing reasons. Basic Sense will not be liable for any loss of a Vendor arising from rescheduling or cancellation.

  9. Basic Sense reserves the right to refuse to accept the booking of a Vendor without providing reasons. Without limiting this right, Basic Sense reserves the right to refuse to accept late bookings. Basic Sense reserve the right to decline entry to anyone at their own discretion regardless of whether a Booking Price has been already paid, and without refund or compensation.

C) GENERAL RULES

  1. No Spots are to be set up without a payed booking or the permission of Basic Sense.

  2. Vendors will set up only on the Spot allocated by the Basic Sense.

  3. Spots must be set up and vehicle movements ceased before the start of the Event.

  4. Vehicles, Equipment and any items for sale must be contained within the allocated Spot.

  5. Roaming sales and sound amplification is not permitted.

  6. Vehicle entry and exit to the Venue will be via the designated driveway(s) only.

  7. All rubbish and unsold items must go home with the Vendor. Vendors will be charged for any items (including boxes) they leave behind.

  8. Cleanliness of Spot and surrounding areas is the responsibility of each Vendor.

  9. Vendors are not allowed to hang or paste anything on the Venue’s walls without approval from Basic Sense and are not to cause any damage to the Venue.

  10. Vendors are required to bring their own umbrella/table/chair/railings/racks/display units.

  11. Animals of any kind are not allowed within the venue grounds and facilities. Pets must not be left in parked vehicles, as the temperature within vehicles can reach lethal levels. (Service animals are permitted)

  12. Self-propelled wheel DEVICES such as scooters, bicycles, skate boards, wheelie shoes and other such devices may not be ridden within the venue grounds and facilities. (Wheelchairs and other personal mobility devices designed for use by people with mobility impairments are permitted)

EVENT THEME

  1. Each Event has a theme as specified on the Event Listing. Vendors may only sell items listing or otherwise fit the specified theme.

PROHIBITED ITEMS

  1. Vendors are prohibited from selling any of the items listed below. Any Vendor found selling any of the items listed above will be asked to leave and will not be refunded for their Spot.
    • Tobacco Products  – including E-cigs and liquids
    • Drugs and Medications – legal or otherwise
    • Fireworks 
    • Flammable Liquids and Gas Canisters
    • Weapons –  Crossbows, Air Rifles, Hunting Knives etc
    • Alcohol, Food and Drink goods
    • Counterfeit or Copied Goods
    • Explicit or inappropriate Materials and Media 
    • Live Animals – including fish and reptiles

INDEMNIFICATION & RESPONSIBILTY

  1. Each Vendor is responsible for any goods sold and/or services provided by it at the Event. No responsibility is accepted by Basic Sense.
  2. The Vendor agrees to indemnify Basic Sense, its officers, employees, agents, affiliates and its successors from and against all claims, losses, costs or damages suffered or incurred as a result of or in connection with:
    • personal injury to or death of any person or damage to any property caused by or contributed
    • to (but only to the extent of the contribution) by the Vendor’s participation in the Event;
    • the sale of goods or provision of services by the Vendor at the Event;
    • the Vendor’s breach of these conditions; or
    • any negligent or unlawful act or omission or wilful misconduct of the Vendor or any employee, agent or officer of the Vendor

GENERAL PROVISIONS

Notices. All notices required or permitted by the Agreement shall be in writing and shall be sent to the email address of the Party stipulated below. Notices shall be deemed received when verified by automated receipt or electronic logs if sent by email. Inability to deliver because of change of address of which no notice was given shall be deemed to be received as of the date such notice was sent.

If to Basic Sense: adminatbasicsense [dot] co [dot] za

If to Vendor: The current email address of Vendor set out in the Vendor’s Basic Sense Site Member Account

Entire Agreement. The Agreement shall constitute the entire understanding and agreement between the Parties and no variance, modification, waiver or amendment thereof shall be valid and enforceable, except by agreement in writing, executed and approved in the same manner as the Agreement. It supersedes and replaces all previous discussions, and understandings between the Parties.

Governing Law and Venue. This Agreement shall be interpreted under the laws of the Republic of South Africa. Any and all legal actions relative hereto shall be in the courts of Gauteng and the Parties hereby consent to the jurisdiction of the courts located within Gauteng and hereby waive any right they may have to transfer or change the venue of any and all legal actions brought by one Party against the other in accordance with this paragraph.

Nature of Relationship. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. Nothing in this Agreement shall create any obligation between either Party and a third party. 

Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 

Changes to Agreement. Basic Sense may make changes to this Agreement from time to time. When these changes are made, Basic Sense will make the new version of the Agreement available at https://www.basicsense.co.za/legal/

Authority. Each of the Parties hereto represents to the other that such Party has full power and authority to execute, deliver and perform the Agreement, and that the individuals executing the Agreement on behalf of the Party represent and warrant that they are fully empowered and authorized to do so and to bind the Party on whose behalf they are executing the Agreement.

Construction. Throughout the Agreement, the singular shall include the plural and the plural shall include the singular, all genders shall be deemed to include other genders, wherever the context so requires, and the terms “including,” “include” or derivatives thereof, unless otherwise specified, shall be interpreted in as broad a sense as possible to mean “including, but not limited to,” or “including, by way of example and not limitation.”

Waiver. The waiver of or failure to enforce any term or condition of the Agreement shall not be effective unless it is in writing and executed by the Party sought to be charged with the waiver or failure and shall not be construed as a waiver of any other term or condition.

Severability. If any provision of the Agreement proves to be illegal, invalid or unenforceable, the remainder of the Agreement will not be affected by such finding, and in lieu of each provision of the Agreement that is illegal, invalid or unenforceable, a provision will be added as a part of the Agreement as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

[END OF TERMS AND CONDITIONS]