Table of Contents

1. Introduction & Acknowledgement
2. About Octopus
3. Interpretation & Definitions
4. Governing Law
5. Registered Users
6. Content
7. Octopus’ Responsibilities & Restrictions
8. Seller’s Responsibilities & Restrictions
9. Buyer’s Responsibilities & Restrictions
10. Payment & Payout
11. Service Fees & Commission
12. Disclaimer of Warranties and Limitation of Liability
13. Disputes
14. Intellectual Property of Octopus
15. Your feedback to Us
16. Changes to these Terms of Service

1. Introduction & Acknowledgement

These Terms of Service explain the rules and agreement between you and Octopus for using our service. They outline the rights and responsibilities of all users.

Key Points:

• By accessing or using our service, you agree to follow these terms.
• These terms apply to everyone who visits or uses the service.
• If you don’t agree with any part of these terms, please don’t use the service.

Your use of the service also depends on your acceptance of our Privacy Policy. Please read our Privacy Policy carefully before using the service.

2. About Octopus

Octopus is operated by Spectre Assets AS. Spectre Assets AS is a rental company registered in Norway with company ID: NO925120103MVA. Our address is Trykkeriveien 1, 1900 Fetsund, Norway.

If you have any questions about these Terms of Service, You can contact us:

• By email: contact@octopus.shop
• By visiting our Contact-page on our website.

You can read more about us at this page.

3. Interpretation & Definitions

3.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

3.2 Definitions

For the purposes of these Terms of Service:

• Account or Registered User means a unique account created for You to access our Service or parts of our Service.
• Buyer refers to users of the Service who are placing Orders for Equipment.
• Company, Operator, Octopus, We, Us, Our means Octopus, with details as set out in paragraph 2 above, who operates and provides Services via the Website.
• Content refers text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
• Equipment refers to the items, goods, gear or services offered for sale, rental, auction, contact, or any other means of trading on the Service.
• Feedback or Review means information and evaluation provided by the users to the Service. Reviews are public and aims to guide, support and foster development for the marketplace.
• Listing is an entry with Content that is posted on Our Website to reach Users.
• Order means a request by a Buyer to purchase or trade by any means Equipment on the Website.
• Seller or Provider refers to users of the Service who are listing Equipment and making them available for trade by any means.
• Service refers to the Website and the tools and functions it provides to it’s Users.
• Terms of Service (also referred to as "Terms") means these Terms of Use, our Privacy Policy and any documents to which they refer.
• Third-party means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
• Website refers to Octopus, accessible from https://octopus.shop.
• You/Your and User means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

4. Governing Law

These Terms are governed by the laws of Norway, excluding its conflict of law rules. Your use of the service may also be subject to other local, national, or international laws.

4.1 For European Union (EU) Users

If you live in the European Union, you are entitled to any mandatory legal protections available in your home country.

4.2 United States Legal Compliance

By using our service, you confirm that:

• You are not in a country under a U.S. government embargo or designated as a “terrorist-supporting” country.
• You are not listed on any U.S. government list of restricted or prohibited parties.

4.3 Severability

If any part of these terms is found to be invalid or unenforceable, it will be modified to the extent necessary to fulfill its purpose under the law. The rest of the terms will still apply.

4.4 Waiver

If we fail to enforce any part of these terms, it doesn’t mean we give up our rights. We can still enforce them later, and waiving one violation doesn’t mean we waive future ones.

5. Registered Users

5.1 Account Creation

• When you create an account, you must provide accurate, complete, and up-to-date information.
• By registering, you confirm that you are at least 18 years old and legally able to enter into a contract.
• If you’re creating an account for a business, you must have the authority to legally represent that business.
• You may not use names, trademarks, or other information that belong to someone else without proper authorization. Also, avoid using names that are offensive, vulgar, or obscene.

5.2 Account Information

• Your account details (such as name, email, phone number, and address) must always be accurate and current.
• When posting a listing or placing an order, you may need to provide additional details, like:
  • Bank account information or identity documents (for listings)
  • Credit card information, billing address, and shipping details (for orders)
• Important: We do not conduct background checks or verify users' identities, so some users may not be who they claim to be. We are not responsible for the accuracy or reliability of user-provided information.

5.3 Account Password

• You are responsible for keeping your password safe.
• Do not share your password with anyone outside your business.
• If you notice any security breaches or unauthorized account use, notify us immediately.
• Businesses can share login credentials among registered users within the “Company” account type.

5.4 Account Termination

• We may suspend or terminate your account without notice if you violate these terms. Once terminated, you will no longer have access to the service.
• If you want to delete your account, simply stop using the service and contact us for help.

6. Content

6.1 Your Right to Post Content

You can post content on our service, but you are responsible for ensuring it is legal, reliable, and appropriate.

By posting content:

• You give us permission to use, modify, display, and share your content within the service.
• You still own your content and are responsible for protecting your rights.
• Other users may view and use your content, following these terms.

You confirm that:

1. You own the content or have the right to share it.
2. Posting your content doesn’t violate anyone else’s rights (like privacy, copyright, or contracts).

6.2 Content Restrictions

You are fully responsible for the content you post and any activity under your account.

Prohibited Content:

• Do not post content that is: Illegal, offensive, threatening, defamatory, obscene, or otherwise inappropriate.

Our Rights:

• We may remove or refuse content at our discretion if it doesn’t follow these rules.
• We can format or edit your content and may limit or revoke your access if you post inappropriate content.

Important:

• We don’t monitor all content, so you use the service at your own risk.
• You may encounter content that is offensive or incorrect. We are not liable for any issues caused by such content.

6.3 Content Backups

We regularly back up content, but we can’t guarantee there won’t be data loss or corruption.

Key Points:

• Backups may fail if the content was corrupted before or changed during the backup.
• We’ll try to help with backup issues, but we’re not responsible for any data loss or failure to restore content.

6.4 Intellectual Property and Copyright

We respect the intellectual property rights of others. If you believe your copyrighted work has been used without permission, contact us with:

• Your signature (electronic or physical).
• A description of the copyrighted work and its location (URL or copy).
• The URL of the infringing content on our service.
• Your contact details (address, phone number, email).
• A statement that you believe, in good faith, the use isn’t authorized.
• A statement, under penalty of perjury, that your claim is accurate and you’re the copyright owner or authorized to act on their behalf.

Our Response:

We’ll review the claim and may remove the content if we find it infringes copyright.

7. Octopus' Responsibilities & Restrictions

7.1 Our Services

Octopus provides services to both visitors and registered users. We may change or stop offering any part of our services at any time and to any user, for any reason.

Key Points:

• Octopus is a marketplace where sellers list equipment for sale, and buyers can browse and purchase it.
• Visitors can view listings, but only registered users can buy or sell.
• For details on how our services work, see our How it works-page.

Guidance Provided:

We may offer information about pricing, shipping, and listings. This is just advice—you decide whether to follow it.

7.2 Listings, Equipment, Contracts, and Delivery

We cannot guarantee that all information in listings (like prices, images, or product details) is accurate or complete. We may update or correct information at any time without notice.

Our Limitations:

• We don’t control or guarantee the quality, safety, or legality of equipment listed.
• We can’t ensure sellers or buyers will complete a transaction or return items.
• We don’t own any of the listed equipment and are not part of any transaction. Contracts are strictly between buyers and sellers.

Contracts:

• The buyer and seller handle all aspects of the contract. We are not responsible for any issues.
• Any contract terms are either implied by law or agreed upon by the buyer and seller.

Delivery:

• We are not involved in the delivery process.
• If you meet someone to collect equipment, do so safely—meet in a public place and take precautions. We are not responsible for any incidents.

7.3 Orders

We may refuse or cancel orders at any time for reasons such as:

• The item is unavailable.
• There are errors in the listing or your order.
• Suspected fraud or unauthorized transactions.

7.4 Returns, Warranties & Refunds

Returns:

• Sellers decide if they accept returns and must inform buyers of their policies through their profile settings, or explicit in the listings description. Buyers and sellers must agree on shipping and refunds.

Warranties:

• Octopus does not offer warranties or guarantees for equipment listed by sellers.
• Sellers must give the buyer a minimum of 2 business days warranty as an inspection window to report any issues following delivery. Octopus is not resposible for any warranties given by sellers, or agreed upon by buyers and sellers.

Refunds:

• Refunds are released only after settlement has been approved by all parties.

8. Seller's Responsibilities & Restrictions

8.1 Information Requirements

As a seller, you must provide certain details for your account in order to be able to receive payouts:

• Your name, email, phone number, and address.
• Bank account details and identity documents when posting a listing.
• Other information, depending on your user type (private or company) and/or location.
• By submitting your information, you give us permission to share it with third-party payment processors to help complete your order.

8.2 Accuracy and Legality of Listings

• You are responsible for the accuracy and legality of the equipment you list.
• You may update the price or available stock of your listings at any time before accepting an order.
• You give the buyer a minimum of 2 business days warranty as an inspection window to report any issues following delivery.

8.3 Prohibited Listings

• You cannot list counterfeit or stolen equipment, nor infringe on the rights of others, such as copyrights or trademarks.
• You can only sell equipment that you fully own or have legal right to sell.

8.4 Legality of Contracts

• By accepting an order, you confirm that you are legally capable of entering into a binding contract. If you are acting on behalf of a business, you must have the authority and legally to represent that business.
• By accepting an order, you agree to sell the equipment so indicated at the purchase price in the listing.

8.5 Delivery

• You must deliver the equipment exactly as described in the listing or as agreed with the buyer.

8.6 Order Cancellations

• If you cancel an order, the buyer will be refunded (including service fees), and the amount paid will not be transferred to you.
• If something out of your control requires you to cancel an order, or if you believe an order should be refunded, please contact us.

8.7 Seller Conduct and Prohibited Actions

• Bypassing Octopus
  In the course of negotiations and finalization of a sale, the seller agrees to never make transactions off-site and always keep communication within the Octopus internal messaging system. Sellers must not contact potential buyers by any other methods than the internal messaging system to settle the deal.

• Consequences of Breach
  If you breach this agreement, Octopus is entitled to the fees it would have earned if the equipment had been sold through Octopus. Octopus reserves the right to deactivate your listings if you violate these terms, and with recurring cases this could lead to a permanent account suspension. By adhering to these rules, you help maintain the integrity of our marketplace and ensure a fair experience for all users.

9. Buyers Responsibilities & Restrictions

9.1 Information Requirements

If you wish to place an order for equipment on the Service, you may need to provide the following details:

• Name, email, phone number
• Credit card details (card number, expiration date, billing address)
• Shipping information

9.2 Your Representations and Warranties

By placing an order, you confirm that:

1. You agree to purchase the equipment so indicated at the purchase price in the listing.
2. You are legally able to enter into a contract. If you are acting on behalf of a business, you must have the authority and legally to represent that business.
3. You have the legal right to use any credit or debit card or other payment method for the order.
4. The information you provide is true, correct, and complete.
5. You will inspect any purchased equiptment as soon as you receive it, and if there are issues, report this to Octopus within your 2 day inspection window.
6. You as a buyer are resposible for handling and paying all additional charges/fees. Including, but not restricted to import/duty, additional taxes, shipping charges, currency conversion, credit card fees, insurance and any other required country, state or provincial taxes.

9.3 Payment Processing

By submitting your information, you give us permission to share it with third-party payment processors to help complete your order.

9.4 Order Cancellations

• If you cancel an order, you will not be automatically refunded.
• If something beyond your control requires you to cancel, or if you believe your order should be refunded, please contact us.

9.5 Buyers Conduct and Prohibited Actions

• Bypassing Octopus
  In the course of negotiations and finalization of a sale, the buyer agrees to never make transactions off-site and always keep communication within the Octopus internal messaging system. Buyers must not contact sellers by any other methods than the internal messaging system to settle the deal.

• Consequences of Breach
  If you breach this agreement, Octopus is entitled to the fees it would have earned if the equipment had been sold through Octopus. Octopus reserves the right to deactivate your listings if you violate these terms, and with recurring cases this could lead to a permanent account suspension. By adhering to these rules, you help maintain the integrity of our marketplace and ensure a fair experience for all users.

10. Payment & Payout

With Octopus all transactions are processed by Stripe, a well-known, secure and reliable payment provider. Stripe have their own terms of service and their own limitations. There are different terms for Buyers and Sellers, and these will be linked to during a transaction process, depending on the Registered User’s role in that transaction.

10.1 Payment (for Buyers)

• All Sales Are Prepaid by Buyer: As soon as an order is submitted, payment is required to secure the order.
• Buyer must pay the full amount, including all shipping and taxes, via the payment method avaliable or selected in the checkout process.
• Accepted Payment Methods: Stripe will accept most major credit cards.
• Currency: All payments are processed in Norwegian Kroner (NOK). Currency conversion rates, if applicable, are locked in at the point of prepayment by the Buyer, and Octopus is not responsible for foreign exchange fluctuations after prepayment.
• Maintenance of Payment Methods: The Buyer agrees to maintain the selected payment account in good standing throughout the term of this agreement. If the Buyer cancels such a bank account or credit card, or if Octopus decides not to accept that payment method for any reason, the Buyer must provide an alternative acceptable pre-payment method within the time period specified in the notice provided to the Buyer.
• Failure to Make Timely Payments: If the Buyer fails to make timely payments, the applicable order(s) will be canceled, and the equipment will be released for sale. Orders will not be accepted without full payment in advance.
• Pre-Payment and Finalization: The Buyer understands that, despite pre-payment, the purchase and sale of equipment are not final until the transaction has been “accepted” by both the Buyer and Seller, and the equipment is delivered to the Buyer.

10.2 Payout (for Sellers)

• Seller Fees and Deductions: Sellers are responsible for paying the Octopus commission fees and any applicable payment and withdrawal costs associated with each sale. Octopus commission fee will be automatically deducted prior to the payout to the Seller.

• Currency: Sellers agree to receive payouts in Norwegian Kroner (NOK). Sellers wishing to receive payouts in a currency different from NOK may be subject to Foreign Exchange fees. Octopus is not responsible for foreign exchange differences, currency fluctuations, additional service charges, or transaction fees charged by the recipient’s bank. Currency conversion rates, if applicable, are locked in at the point of prepayment by the Buyer, and Octopus is not responsible for foreign exchange fluctuations after prepayment.

• Seller Payout Method and Details: Payouts to Sellers are made via bank transfer. Sellers are responsible for entering the correct bank account details during onboarding with Stripe and maintaining current and active account details updated. Sellers will also have to submit any necessary documents for KYC requirements (Know Your Customer) and additional information to verify their identity. Sellers must ensure their payout accounts are in good standing throughout the term of this agreement. Failure to properly set up or reestablish a Stripe-account for payout may result in listings being ineligible for sale. If a payout is rejected and returned by the Sellers banking institution due to inaccurate account or bank information, any repayment fee, additional service charges assessed by the payment service provider, will be deducted when the payout is reissued.

• Payout Delays: Delays in payouts can occur for various reasons, including but not limited to: international transfers, failure to correctly set up payout accounts, shipment or delivery issues, delays or claims, or disputes by the Buyer. Octopus is not responsible for delays in payouts or additional service charges or fees charged by the recipient’s bank. Octopus also reserves the right to deactivate a Seller’s listings until the account is in good standing.

• Payout Finalization: Sellers acknowledge that all sales are prepaid by the Buyer. The Seller understands that, despite prepayment, the purchase and sale of equipment are not final until the transaction has been “accepted” by both the Buyer and Seller, and the equipment is delivered to the Buyer. Payouts to Sellers are automatically released from Stripe according to the order status. It may take up to 10 business days for payouts to be transferred from Stripe into the Seller’s bank account.

11. Service Fees & Commission

To run Octopus efficiently and sustainably, we need to charge fees. We reserve the right to change these service fees at any time. All fees include Value Added Tax (VAT) unless otherwise stated.

By using our services, you agree to pay these fees. The fees are percentages of the final price of an order, excluding shipping costs (if applicable).

8% seller commission

• Sellers commission is calculated from the Order total.
• Sellers commission is deducted by Stripe from the Sellers payout.

3% transaction fee

• The transaction fee is added to the Order total.
• The transaction fee is paid for by the Buyer.

You agree that all amounts due to us under these terms will be paid in full, with no set-off, counterclaim, deduction, or withholding (except for any tax deductions required by law). This means we may deduct fees, charges, or other amounts from any payment or payout held by Stripe related to your use of our services.

For more details about Our Service Fees & Commission, please see our frequently asked questions (FAQ).

12. Disclaimer of Warranties and Limitation of Liability

12.1 Limitation of Liability

No matter what kind of damage you might experience, the maximum amount We, or our suppliers will pay you, is the amount you have paid for using our service. If you haven't paid anything, the maximum compensation is 1.000,- NOK (or the equivalent in your local currency).

To the fullest extent allowed by law, we are not responsible for special or indirect damages, including but not limited to:

• Lost profits
• Loss of data or information
• Business interruptions
• Personal injury
• Loss of privacy

This applies even if we were warned about the possibility of such damages. It also applies if the solution or compensation doesn’t fully resolve the issue.

Some regions may not allow limits on certain types of damages or implied warranties. If you are in one of these areas, our liability will be limited as much as legally allowed.

12.2 "AS IS" and "AS AVAILABLE" Disclaimer

Our service is provided "as is" and "as available" - meaning it comes with no guarantees. We offer the service without warranties, including:

• No guarantees of quality or that it will work perfectly for any specific purpose.
• No promise that the service will always be available, error-free, or meet your needs.
• No assurance that any issues or bugs will be fixed.

Additionally, we do not guarantee:

1. The service will always work or be available.
2. The accuracy or reliability of any content or information provided.
3. That the service, its servers, or emails from us are free from viruses or harmful components.

12.3 Links to Other Websites

Our service may include links to websites or services run by other companies. These third-party sites are not owned or controlled by us.

What this means:

• We have no control over these sites and are not responsible for their content, privacy policies, or how they operate.
• We are not liable for any damage or loss caused by your use of, or reliance on, any content, products, or services from these third-party sites.

We strongly recommend that you read the terms of service and privacy policies of any third-party websites or services you visit.

13. Disputes

Octopus is not a party to the contract between the seller and buyer, and we are not liable in any way under it. If a dispute arises between the seller and buyer, it is their responsibility to resolve it directly.

To protect against liability, Octopus may recommend that Stripe restrict access to funds in a seller’s Stripe account. This could be based on factors like selling history, seller performance, returns, riskiness of the listing category, transaction value, or a filed case. This may lead to Stripe deciding to restrict funds in your Stripe account.

If you have concerns or disputes about our services as Octopus, you agree to first attempt to resolve the dispute informally by contacting us directly.

14. Intellectual Property of Octopus

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of Octopus and its licensors.

The Service is protected by copyright and governing laws of Norway.

Our name and logos may not be used in connection with any product or service without the prior written consent from us.

15. Your feedback to Us

You assign all rights, title, and interest in any feedback you provide to Octopus. If this assignment is ineffective for any reason, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such feedback without restriction.

16. Changes to these Terms of Service

We reserve the right to modify or replace these Terms at our discretion. If a revision is significant, we will try to provide at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined at our discretion.

By continuing to access or use our Service after the revisions are effective, you agree to be bound by the updated terms. If you do not agree to the new terms, in whole or in part, please stop using our Services.