Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Ultimate Tile & Stone. The terms “we”, “us” and “our” refer to ULTIMATE DISTRIBUTION DBA ULTIMATE TILE & STONE, 118-8300 92nd Street, Delta, BC, V4G 0A4, Canada (“Ultimate Tile & Stone”).

Ultimate Tile & Stone operates this website and online store, including all related information, content, features, tools, products and services (collectively, the “Services”). Ultimate Tile & Stone is powered by Shopify, which enables us to provide the Services.

These Terms of Service (“Terms”), together with any policies referenced herein, govern your access to and use of the Services.

This site is intended for trade customers only. By accessing or using the Services, you represent that you are acting in a commercial or trade capacity and not as a consumer.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must not use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your province or territory of residence and that you have authority to bind the business entity on whose behalf you are acting.

Access to certain parts of the Services, including pricing and ordering, may require an approved trade account. We reserve the right to approve, refuse, suspend, or revoke any account at our sole discretion.

You agree to provide accurate, current, and complete information when creating or maintaining an account and to promptly update such information as necessary. You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account.

Accounts may not be transferred, sold, assigned, or shared without our prior written consent.

SECTION 2 – PRODUCTS

We make reasonable efforts to display products accurately; however, product images, finishes, colors, textures, and variations may differ from how they appear on your screen due to device settings, lighting conditions, or natural material variation.

All product descriptions, specifications, availability, and pricing are subject to change without notice. We reserve the right to discontinue or limit quantities of any product at any time.

Samples, mockups, or display imagery are provided for reference only and are not guaranteed to be exact representations of delivered goods.

SECTION 3 – ORDERS

All orders constitute an offer to purchase and are subject to acceptance by Ultimate Tile & Stone. We reserve the right to accept or reject any order for any reason.

An order is not deemed accepted until we confirm acceptance and, where applicable, payment arrangements have been finalized. We may cancel or modify an order prior to acceptance and will attempt to notify you using the contact information provided.

Orders placed are final once accepted. Cancellations, changes, or returns are governed solely by our Refund Policy [LINK].

All purchases are made for commercial or trade use. Products are not sold for personal, household, or consumer use.

SECTION 4 – PRICING AND BILLING

All prices are listed in Canadian dollars unless otherwise stated and are subject to change without notice. Prices do not include applicable taxes, freight, shipping, handling, duties, or customs charges unless expressly stated.

Trade pricing may differ from pricing offered through other channels or to other customers. Promotional pricing, if offered, is subject to separate terms.

You agree to provide accurate billing and payment information and authorize us to charge approved payment methods in accordance with agreed terms. You are responsible for all amounts due, including applicable taxes and shipping charges.

SECTION 5 – SHIPPING AND DELIVERY

Delivery dates and transit times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, supply chain disruptions, or events beyond our control.

Risk of loss and title to products pass to you upon transfer to the carrier, unless otherwise agreed in writing.

SECTION 6 – INTELLECTUAL PROPERTY

All content and materials forming part of the Services, including trademarks, logos, text, images, graphics, product data, and site design, are owned by or licensed to Ultimate Tile & Stone and are protected by Canadian and international intellectual property laws.

You may use the Services solely for legitimate business purposes related to evaluating or purchasing products from Ultimate Tile & Stone. No rights or licenses are granted except as expressly stated.

Unauthorized use, reproduction, or distribution of any materials is prohibited.

SECTION 7 – OPTIONAL TOOLS

The Services may include access to third-party tools or integrations provided “as is” and “as available.” We do not control and are not responsible for third-party tools.

Your use of optional third-party tools is at your own risk and subject to the applicable third-party terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. Accessing such sites is at your own risk.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Ultimate Tile & Stone is powered by Shopify; however, all sales are made directly between you and Ultimate Tile & Stone. Shopify is not responsible for any aspect of transactions conducted through the Services.

You expressly release Shopify and its affiliates from any claims arising out of your transactions with Ultimate Tile & Stone.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy [LINK]. Certain information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that information may be processed and stored in jurisdictions outside of Canada in order to provide the Services.

SECTION 11 – FEEDBACK

Any feedback, suggestions, or submissions provided to us may be used by Ultimate Tile & Stone without restriction or compensation. You represent that you have the right to provide such feedback.

SECTION 12 – ERRORS AND OMISSIONS

We reserve the right to correct any errors, inaccuracies, or omissions and to cancel or amend orders if information is inaccurate at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may not use the Services for unlawful purposes, to infringe intellectual property rights, transmit malicious code, misrepresent your identity, or interfere with the operation or security of the Services.

We reserve the right to suspend or terminate access for violations of these Terms.

SECTION 14 – TERMINATION

We may terminate or suspend access to the Services at any time without notice. All obligations incurred prior to termination remain enforceable.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available,” without warranties of any kind, whether express or implied, to the fullest extent permitted by law.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Ultimate Tile & Stone shall not be liable for any indirect, incidental, consequential, or special damages arising from use of the Services or products purchased.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Ultimate Tile & Stone and its partners, officers, employees, and service providers from any claims arising out of your breach of these Terms or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

SECTION 19 – ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Ultimate Tile & Stone regarding the Services and supersede any prior agreements.

SECTION 20 – ASSIGNMENT

You may not assign these Terms without our prior written consent. We may assign these Terms without notice.

SECTION 21 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. The courts of British Columbia shall have exclusive jurisdiction.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

We reserve the right to update these Terms at any time by posting revisions to this page. Continued use of the Services constitutes acceptance of any changes.