TERMS OF USE

1. Introduction

You are contracting with Stonelist Marketplace, owned by Sunup Design & Management Services Ltd., located in North Vancouver, BC, Canada. The terms “Stonelist,” “we,” or “us” refer to this entity.

2. About Stonelist

Stonelist is a marketplace where users can buy, sell, offer stone slabs or stone tiles, and related services. Stonelist does not act as a party to sales contracts between third-party sellers and buyers. We provide information on pricing, shipping, and listings, but we do not guarantee the quality, safety, or accuracy of items or listings, nor do we ensure that buyers and sellers will complete transactions.

3. Using Stonelist

By using our services, you agree to comply with our User Agreement, policies, and applicable laws. You agree not to:

• Violate any laws, regulations, or third-party rights.
• Resell items from brands where reselling is prohibited.
• Use our services if you are under 18 or unable to form legally binding contracts.
• Fail to pay for items you purchase or fail to deliver items you sell.
• Manipulate prices or interfere with other users’ listings.
• Share your account credentials with third parties or transfer your account without permission.
• Post false, misleading, or inappropriate content.
• Distribute spam, viruses, or use automated tools to access our services without permission.
• Infringe on Stonelist’s or third parties’ intellectual property rights.
• Collect or use information about users without their consent.

If you violate these terms, we may suspend or terminate your account, remove content, or take legal action. We may also cancel inactive or unconfirmed accounts and refuse service at our discretion.

4. Policy Enforcement

When issues arise between buyers and sellers, we may consider individual circumstances and performance history in enforcing policies. We may choose to be lenient to resolve situations fairly for both parties. However, this does not limit our right to refuse, modify, or terminate services or agreements with anyone at our discretion.

5. Listing Conditions

When listing items on Stonelist, you agree to:

• Be fully responsible for the accuracy of your listing and its content, including any tools used to create the listing (e.g., image editing or AI tools).
• Your listing may take time to become searchable (up to 24 hours).
• Comply with Stonelist’s listing policies, including image, video, and text standards.
• Stonelist may modify, remove, or correct listing content that violates our policies.
• Stonelist may update or revise product data to improve accuracy.
• Listing placement in search results depends on factors like buyer location, search history, listing price, format, and seller rating.

Stonelist is not liable for the safety, quality, or performance of any listed product, and we may promote your listings without requiring seller consent or compensation. We may also display third-party ads in listings.

6. Purchase Conditions

When buying an item using our services, you agree to:

• Read the full listing before making a bid, offer, or purchase.
• Contact the supplier to ensure the availability and accuracy of the product.
• Inspect the product in person to ensure it fits the job you intend to use it for
• Enter into a legally binding contract when you commit to buy, your offer is accepted, or you win the auction, regardless of when payment is made.

7. Content

By providing content on our platform, you grant Stonelist a non-exclusive right to use, promote, and expand our services in any media, present or future. You waive the right to enforce intellectual property claims against Stonelist for this use.

You are responsible for ensuring the content you provide is accurate, legal, and does not infringe third-party rights. Stonelist assumes no liability for user-provided content and does not guarantee the accuracy or completeness of product data.

8. Authorization to Contact You;

Stonelist may contact you by phone, email, or text to:

• Notify you about your account.
• Troubleshoot or resolve disputes.
• Collect payments or conduct surveys.

For marketing communications, you can manage your preferences through your My Stonelist account. You can opt-out of text marketing by replying “STOP” to the message.

Stonelist may monitor or record calls for quality control, training, or protection purposes.

9. Return & Refund Policy for Auctions

Lots sold in auctions are typically “AS IS” and non-refundable, except:

• If the delivered lot differs from what was inspected during the showing.
• If the lot is significantly damaged during shipping when the seller handles the shipping.

10. Stonelist Warranty

For the items covered by “Stonelist Warranty”, If the item is damaged upon arrival due to any reason (transportation, handling, etc.) buyer will receive the replacement similar to the purchased lot. If the replacement was not available, the buyer will receive the full refund. Only items marked with our dedicated symbol are covered by this guarantee; all other products are excluded

If you’re a seller and must reimburse a buyer, Stonelist may collect the reimbursement from you as described in the Payments Terms of Use. If we cannot collect the reimbursement, we may use collection mechanisms, such as agencies. Abuse of the policy may result in its suspension, and you are responsible for any losses or expenses caused by fraud or misuse of the warranty.

11. Payment Services

By using Stonelist’s payment services, you agree to the Payments Terms of Use.

Sellers: You are responsible for coordinating with Stonelist or the buyer to arrange the payment method and provide all necessary details for timely payments.

Buyers: Depending on the situation, you may pay fees directly to the supplier or through Stonelist.

Currently, we only accept bank drafts, E-transfers, or wire transfers.

12. Release

If you have a dispute with another user, you release Stonelist from all claims, demands, and damages arising from such disputes. You waive any protections that limit the scope of this release to known claims at the time of agreement.

13. Indemnity

You agree to indemnify and hold Stonelist harmless from any claims, demands, or damages, including legal fees, arising from your breach of this agreement, misuse of our services, or violation of any law or third-party rights.

14. Legal Disputes

Please read this section carefully. It affects your rights and explains how disputes between you and Stonelist will be resolved.

Law and Forum for Disputes (non-Quebec residents): This agreement and any disputes will be governed by the laws of British Columbia, Canada. You agree to resolve any claims in the courts of Vancouver, BC, unless otherwise agreed or subject to arbitration.

Law and Forum for Disputes (Quebec residents): This agreement and any disputes will be governed by the laws of Quebec, Canada.

Arbitration Option: Disputes under CDN $15,000 may be resolved through binding arbitration based on the ADR Institute of Canada rules. Arbitration may be conducted via phone, online, or written submissions.

Improperly Filed Claims: Claims not resolved according to this section are considered improperly filed, and Stonelist may recover legal fees up to CDN $1500 if not promptly withdrawn.

15. General

Invalid Terms: If any part of this User Agreement is deemed invalid, the rest remains in effect.

Assignment: Stonelist may assign this agreement, and you will be notified via Stonelist.ca.

Amendments: We may amend this agreement by posting changes on Stonelist.ca with 30 days’ notice. Continued use of our services means you accept the changes. If you disagree, you must close your account.

Termination: Stonelist may terminate this agreement or any service at any time by providing notice.

Business Accounts: If you create an account on behalf of a business, you confirm you are authorized to bind the business to this agreement.

Entire Agreement: This User Agreement, along with all policies posted on our services, constitutes the entire agreement between you and Stonelist.