Last Updated 2025-02-10; Effective Date 2025-02-10

(1) Terms of Sale

These Terms of Sale ("Terms") govern your relationship with Mineral Marketplace LLC ("we," "our," or "Marketplace"), operator of EarthWonders.com, for the sale of items through EarthWonders.com to other users.

This Agreement sets out your rights and responsibilities when you use EarthWonders.com for the sale of your minerals. This Agreement and other referenced Policies form our Terms of Use. 

Legal Obligations and Compliance

By using the Marketplace, you agree to:

• Provide accurate descriptions, photos, prices, and other relevant details of your products. 

• Follow all applicable laws and regulations, including those relating to the sale of goods, consumer protection, and privacy laws.

• Respect the policies regarding prompt communication with customers, timely shipping, returns, and dispute resolution as outlined in our Seller policies.

• Failure to comply with these obligations may result in suspension or termination of your account.

Indemnification

You agree to indemnify, defend, and hold harmless Mineral Marketplace LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or related to:

• Your use of the Marketplace.

• Your breach of these Terms or any law or regulation.

• Any dispute or claim arising from a transaction, listing, or interaction you conduct through the Marketplace.

This indemnification extends to any costs incurred in defending such claims or resolving disputes.

This indemnification does not apply if such claims result from Mineral Marketplace LLC’s gross negligence or willful misconduct. The Marketplace’s liability for claims related to its services is limited to the amount paid for the specific transaction. 

Governing Law, Arbitration, and Litigation

These Terms and any disputes related to the use of the Marketplace will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

By using the Marketplace, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.

In the event of any dispute or claim that cannot be resolved informally, both parties agree to submit the matter to binding arbitration in Miami, Florida, under the rules of the American Arbitration Association.

Data Security and Privacy Compliance

By using the Marketplace, you agree to comply with the Mineral Marketplace Privacy Policy, all applicable data security and privacy regulations, including GDPR (General Data Protection Regulation) and CCPA (California Consumer Privacy Act), if applicable.

• You are responsible for the protection and lawful processing of any personal data you collect or manage through the Marketplace.

• If you receive a request for data access, deletion, or rectification under GDPR, CCPA, or any similar privacy law, you must notify us promptly and comply with your legal obligations.

• You also agree to adhere to any data security measures we may require to ensure the integrity and confidentiality of user data.

Updates to the Terms of Service

Mineral Marketplace LLC reserves the right to update these Terms periodically to reflect changes in policies, legal requirements, or business practices. Any significant updates will be communicated to Sellers via email or platform notification. Upon receiving this notification, Sellers are deemed to accept the updated Terms unless they discontinue their use of the Marketplace. By continuing to use the Marketplace after updates, Sellers automatically agree to the revised Terms in full. The latest version of the Terms of Sale are always available at https://earthwonders.com/seller-terms

Discontinuation of Service and Survival of Terms

You may discontinue your use of the Marketplace and may request to close your account at any time by notifying us in writing. However, the following obligations will continue to apply even after your account is closed:

• Any outstanding financial obligations between you and the Marketplace.

• Your responsibility to fulfill or address any pending orders, returns, or disputes related to transactions made before your account closure (e.g., return periods, chargeback windows, etc.).

You may remove unsold listings at any time, but only upon completion of the above obligations may your store be deactivated and delisted from the platform.

Right to Refuse Service

The Marketplace reserves the right to refuse service to any Seller or customer for any reason at our sole discretion. This may include the removal of listings, suspension, or termination of your account if we determine that your actions violate these Terms or for any other reason we deem necessary to maintain the integrity of the platform.

(2) Seller Status

Seller Status is a feature provided exclusively to approved or invited businesses. Sellers who meet the necessary qualifications and maintain high standards of conduct may operate under this status, enjoying enhanced visibility and functionality on the Marketplace.

Approval for Seller Status is subject to the discretion of Mineral Marketplace, and it may be revoked at any time if the Seller fails to comply with these Terms or other relevant policies.

Three-Strike System

Mineral Marketplace operates a rolling strike system to monitor compliance and maintain the integrity of the platform. Each strike remains on a Seller’s record for six months. Sellers who accumulate multiple strikes within this period will face escalating consequences. After three strikes within a rolling six-month window, a Seller may face temporary suspension or permanent loss of their Seller Status. Strikes will decrease over time, with one strike being removed for every six months that pass without further violations.

Strikes are assigned for policy infractions, which may include, but are not limited to, the following violations:

Publishing Speculative Listings for Sale: Listing items the Seller does not possess or cannot guarantee fulfillment for.

Uploading Incorrect or Inaccurate Imagery or Descriptions: Providing misleading or erroneous product descriptions, photos, or videos, which result in customer dissatisfaction or confusion.

Excessive Order Cancellations: Canceling orders at a rate above the Marketplace’s acceptable threshold, which disrupts the buyer experience.

Failure to Meet Fulfillment Obligations: Not fulfilling orders within the stated timeframes or failing to provide necessary shipping updates and tracking.

Excessive Return or Damage Rate: A pattern of items being returned due to misrepresentation, damage, or poor quality, as reported by buyers.

Excessive Customer Complaints: A significant volume of customer complaints related to unprofessional conduct, poor product quality, or inadequate service.

Each strike will be communicated to the Seller in writing, along with the reason for the infraction. Strikes decay after six months, meaning that if a Seller accumulates fewer than three strikes within that period, they will not face suspension or revocation of their Seller Status.

Grounds for Immediate Termination

Certain actions are so serious that they may result in immediate termination of a Seller's account, with no warning or opportunity to remedy the situation. These activities include, but are not limited to:

Illegal Activity: Engaging in any form of illegal behavior while using the Marketplace, including the sale of prohibited items.

Fraud: Deliberately misleading buyers, falsifying information, or engaging in deceptive practices to secure a sale or profit.

Harassment: Any form of harassment, abuse, or inappropriate behavior toward customers, Marketplace staff, or other users, including but not limited to offensive communication, threats, or discriminatory remarks.

If a user’s Seller Status is revoked or their account is terminated for any reason, the Seller remains responsible for fulfilling any outstanding orders and resolving any pending disputes, returns, or financial obligations as outlined in these Terms.

(3) Listings

When creating a listing on the Marketplace, the Seller agrees to the following representations and warranties, which ensure the integrity of transactions:

Possession

The Seller attests that, at the time of creating a listing, they are in possession of the item and have the ability to sell the item in good faith. Items that the Seller does not possess or cannot guarantee delivery of are strictly prohibited.

Right to Conduct Business and Sell Items

The Seller affirms that they have the legal right to sell the item and conduct business in their relevant jurisdiction. This includes, but is not limited to, compliance with all local, state, federal, and international laws and regulations governing the sale of minerals and other items offered on the Marketplace.

Right to Transfer Ownership

The Seller further attests that they possess the legal right to transfer ownership of the item at the time of fulfillment. Upon completing the sale, the Seller agrees to provide the buyer with all necessary documentation related to the ownership, authenticity, provenance, and any other pertinent information regarding the item. This includes but is not limited to, certificates of authenticity, historical records, or any other relevant paperwork.

Authenticity of Specimen

The Seller represents that, to the best of their knowledge, the specimen listed for sale is authentic. Sellers are required to act honestly when providing information about the origin, condition, and nature of the items they offer for sale.

Accuracy of Images and Descriptions

The Seller attests that all images and descriptions uploaded to the listing are accurate and representative of the item being sold. The Seller has ownership and right to provide both the Marketplace and final buyer of the item with a perpetual, royalty-free license to use, modify, distribute, or otherwise reuse any associated images, descriptions, and identifiers related to the item. Images should clearly depict the item in its actual condition, and descriptions should accurately reflect its key characteristics, including but not limited to size, material, color, and any known flaws or imperfections. Misleading or inaccurate listings may result in penalties, including strikes or suspension of the Seller’s account.

(4) Order Confirmation, Shipping, Return Period

Order Confirmed

The Seller agrees to confirm the order and take steps to complete all necessary actions to fully execute the sale within three (3) business days of receiving the order notification.

The Seller agrees that all shipped items must purchase shipping that includes courier tracking, and information must be provided to Buyer by marking the item as “Shipped” and providing tracking information on EarthWonders.com.

Each item listed for sale remains the property of the Seller until it has been accepted by the Buyer upon delivery. Damage of items is the responsibility of the Seller, until the Buyer confirms delivery and acceptance. Sellers may purchase insurance upon their discretion, optionally recouping the cost as part of the Shipping Fee of the listing.

Shipping

All items must be securely packaged to prevent damage during transit.

The Seller must ship items via UPS, FedEx, DHL, or USPS within the publicized processing period of their store at the time of sale.

The Seller must input proof of shipment and/or tracking information immediately upon dispatch.

Returns and cancellations

The Seller agrees to offer a return policy with a minimum return period of 14 days after item delivery and a maximum return period of 90 days after item delivery, the maximum at the Seller’s discretion. The specific return period must be clearly stated in the item listing and associated policies. The Seller is responsible for honoring the return policy as advertised.

The Marketplace will assist in addressing any claims for returns or non-delivery in collaboration with the Seller, but the Seller retains responsibility for resolving such issues.

If the Seller cancels an order prior to fulfillment, the Seller shall be responsible for any processing fees that cannot be recouped by the Marketplace. The Marketplace will not bear any financial liability for such cancellations.

If the Buyer cancels an order prior to its completion on the Marketplace, the Marketplace will contact the Seller to confirm the ability to cancel the order. Upon Seller’s confirmation, the Marketplace will process a refund to the Buyer. If the item has already been shipped, the Buyer must follow the standard return process to obtain a refund.

Any claims regarding fraudulent items will be subject to arbitration by the Marketplace. The Marketplace will review the evidence provided by both the Buyer and the Seller and make a final determination on the validity of the claim.

(5) Order Payouts and Fees

Payout Schedule

The Marketplace will issue payouts to the Seller on a monthly basis.

Payments are made monthly in arrears on or before the last Friday. However, more frequent payouts may be provided at the Marketplace’s discretion based on Seller volume and the balance owed.

Eligibility for Payout

Payouts will only include amounts for orders where delivery has been confirmed and the items have passed the minimum return period of order. Any incomplete orders or orders still within the minimum return period will not be included in the payout calculation.

Commission and Transaction Fees

The Marketplace will deduct a 10% commission from the posted sales price of each item sold. In addition, all transaction fees will be transparently deducted from the Seller’s proceeds. These fees are based on rates set by financial institutions and payment processors, with no additional markup by the Marketplace. Transaction fees apply to the full order amount, including shipping, handling, and taxes.

Chargeback and Arbitration

In the event of a chargeback, if the claim is resolved in the Buyer’s favor and the chargeback fails arbitration, the Seller will be responsible for the chargeback amount. The Marketplace will assist in recovering the inventory where appropriate, subject to reasonable expense.

Sales Tax Collection and Remittance

For items sold within the United States, applicable sales tax will be collected for transactions according to state and local regulations. The Marketplace will be responsible for the collection and remittance of sales tax.

W-9 Form and Identification Requirements

Before receiving any payouts, the Seller is required to complete and submit a W-9 form and provide any supporting identification or documentation as requested by the Marketplace to comply with legal and tax obligations. 

(6) Special Handling / Offline Orders (ACH/Wires/Custom)

Transaction Handling for High-Value Items

For items exceeding the Marketplace’s credit card processing limit, which is currently set at $10,000 per specimen, or items with “custom handling” enabled where available, transactions will be completed offline via an invoice issued directly by the Marketplace.

• Based on the total transaction value and required verification processes, the Marketplace may facilitate payment via credit card following transaction verification or opt for ACH or Wire Transfer methods to accommodate higher transaction limits and minimize processing fees.

• The chosen payment method will be determined at the sole discretion of the Marketplace, depending on the specific circumstances of the transaction and the payment options that offer the most secure and cost-effective solution.

Proof of Possession for High-Value Listings

Sellers listing high-value items may be required to provide verifiable proof of possession before the item can be made available on the Marketplace. This proof may include high-resolution images, video evidence, or other documentation deemed satisfactory by the Marketplace to confirm that the Seller has physical possession and ownership of the listed item at the time of the listing.

(7) Customer Communication and Information

Use of Customer Information

The Seller agrees that any customer information provided by the Marketplace may only be used for purposes directly related to the facilitation of orders or addressing item-specific inquiries. Customer data obtained through the Marketplace must not be used for promotional purposes or any form of unsolicited marketing.

Mailing List Restrictions

Customers may only be added to the Seller’s mailing lists if they have explicitly and voluntarily registered through the Seller's own website or platforms. The Seller may not automatically enroll customers from the Marketplace into any marketing or promotional email lists.

Communication Guidelines

The Seller agrees to communicate with customers solely through Marketplace-facilitated channels. Direct contact with customers is restricted to discussions related to the processing of orders, shipping details, or answering specific item inquiries initiated by the customer. Any unsolicited communication outside of these threads is prohibited.

(8) Content License and Usage Rights

Marketplace’s Right to Use Content

By listing items on the Marketplace, the Seller grants the Marketplace a perpetual, royalty-free license to use, display, distribute, and promote any images, descriptions, or item identifiers uploaded to the platform. The Marketplace is not required to seek the Seller's permission before using this content for promotional or marketing purposes. This license will continue to apply even after the item is sold.

Display of Listings

Unless explicitly deleted or flagged as erroneous prior to sale, the Marketplace reserves the right to permanently display the Seller’s listed items. Once sold, items will be moved to the “Discover” section of the Marketplace, where they may be associated with the purchasing user’s collection for display and community engagement purposes.

Licensing to Buyers

Upon the sale of any item, the Seller grants the Buyer a perpetual, royalty-free license to use, modify, distribute, or otherwise reuse any associated images, descriptions, and identifiers related to the purchased item. This license allows the Buyer to retain full rights to the media and data associated with the specimen.

(9) Acceptance of Terms

By accessing and listing items on EarthWonders.com, you acknowledge and agree to the Terms of Sale as outlined here, including policies regarding listings, orders, payouts, and customer communication. Continued use of the Marketplace for listing items constitutes your ongoing acceptance of these terms, including any updates.