Terms of Service

1. About BoatSaga

BoatSaga is a global online marketplace platform that connects buyers and sellers of boats, marine equipment, services, and related products. The platform is operated by:

These Terms of Service ("Terms") govern your access to and use of the BoatSaga platform, including our website, mobile applications, and all related services (collectively, the "Platform").

2. Definitions

In these Terms, the following definitions apply:

• "Platform" means the BoatSaga website, mobile apps, and all related services
• "User" means any person or entity using the Platform
• "Buyer" means a User seeking to purchase boats, equipment, or services
• "Seller" means a User offering boats, equipment, or services for sale or rent
• "Dealer" means a commercial entity selling boats professionally
• "Listing" means any advertisement or offer posted on the Platform
• "Content" means all text, images, videos, data, and other materials on the Platform
• "Transaction" means any purchase, sale, or rental agreement between Users
• "We," "Us," "Our" refers to DELES ARE TERJESEN / BoatSaga

3. Acceptance of Terms

3.1 Agreement to Terms

By creating an account, accessing, or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree, you must not use the Platform.

3.2 Updates to Terms

These Terms may be updated from time to time. Your continued use of the Platform after any changes constitutes acceptance of the new Terms. We will notify you of material changes via email or prominent notice on the Platform.

3.3 Additional Terms

Certain features or services may be subject to additional terms and conditions. Those additional terms are incorporated into these Terms by reference.

4. Eligibility and Account Registration

4.1 Age Requirement

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years of age.

4.2 Legal Capacity

You must have the legal capacity to enter into binding contracts. If you are using the Platform on behalf of a business, you represent that you have authority to bind that entity to these Terms.

4.3 Registration Information

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Not impersonate any person or entity
• Not create multiple accounts for fraudulent purposes
• Not use another person's account without permission

4.4 Verification

We reserve the right to verify your identity and information. Dealers may be required to provide business registration documents. Failure to provide requested verification may result in account suspension or termination.

5. User Accounts and Security

5.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Logging out at the end of each session on shared devices

5.2 Account Sharing

You may not share your account credentials with others or allow others to access your account. Each user must have their own account.

6. User Types and Responsibilities

6.1 Buyers

As a Buyer, you agree to:

• Provide accurate contact information
• Communicate professionally with Sellers
• Honor commitments made to Sellers
• Conduct your own due diligence before purchasing
• Verify boat condition, ownership, and documentation
• Arrange your own inspections and surveys

6.2 Sellers

As a Seller, you agree to:

• Provide truthful and accurate listing information
• Have the legal right to sell the listed items
• Disclose all known defects or issues
• Respond promptly to buyer inquiries
• Honor the terms stated in your listings
• Comply with all applicable laws and regulations
• Provide clear title and proper documentation

6.3 Dealers

As a Dealer, you agree to:

• Maintain valid business licenses and registrations
• Comply with consumer protection laws
• Provide accurate business information
• Offer warranty information where required by law
• Comply with VAT and tax obligations
• Maintain professional standards in all communications

7. Creating and Managing Listings

7.1 Listing Requirements

All listings must:

• Be for items you legally own or have authority to sell
• Include accurate descriptions, specifications, and pricing
• Use genuine photos of the actual item (no stock photos unless clearly labeled)
• Disclose known defects, damage, or issues
• Specify accurate location information
• Include all relevant safety or regulatory information

7.2 Prohibited Listings

You may not list:

• Stolen property or items obtained illegally
• Items with falsified documentation or titles
• Boats that do not meet safety regulations
• Items you do not own or have permission to sell
• Counterfeit or replica items (unless clearly disclosed)
• Items subject to export restrictions without proper permits

7.3 Listing Fees and Duration

Listing fees (if applicable) are non-refundable. Listings expire according to the plan selected. Featured listings may be purchased for enhanced visibility. All fees are subject to VAT where applicable.

7.4 Listing Removal

We reserve the right to remove any listing that:

• Violates these Terms or applicable laws
• Contains false or misleading information
• Receives multiple reports or complaints
• Is suspected of fraud or illegal activity
• Infringes intellectual property rights

8. Seller Obligations and Warranties

8.1 Seller Representations

By creating a listing, you represent and warrant that:

• You have the legal right to sell the item
• The item is free from liens, encumbrances, and legal disputes
• All information provided is accurate and not misleading
• You will comply with all applicable laws, including consumer protection and safety regulations
• You have all necessary permits and licenses for the sale
• The item matches the description and photos provided

8.2 Documentation

Sellers must provide:

• Clear title or proof of ownership
• Registration documents (where applicable)
• Service history and maintenance records (if available)
• Any warranties or guarantees (original or remaining)
• Import/export documentation (for international sales)

8.3 Disclosure Requirements

Sellers must disclose:

• All known defects, damage, or mechanical issues
• Previous accidents or insurance claims
• Any modifications or alterations from original specifications
• Outstanding debts or financial obligations related to the item
• Environmental or safety concerns

9. Buyer Responsibilities

9.1 Due Diligence

Buyers are responsible for:

• Conducting thorough inspections before purchase
• Verifying item condition, specifications, and ownership
• Arranging professional surveys (highly recommended for boats)
• Reviewing all documentation and paperwork
• Understanding import/export regulations for international purchases
• Verifying seller identity and legitimacy

9.2 Communication

Buyers should:

• Ask all relevant questions before committing to purchase
• Request additional photos or information as needed
• Arrange viewings or inspections
• Communicate professionally and respectfully
• Respond promptly to seller communications

10. Transactions and Sales

10.1 Platform Role

IMPORTANT: BoatSaga is a marketplace platform only. We are NOT a party to any transaction between Buyers and Sellers. We do not:

• Own, sell, or rent any boats or equipment
• Verify the condition or authenticity of items
• Guarantee the accuracy of listings
• Handle payment for boats (except platform fees)
• Participate in negotiations or transactions
• Provide warranties or guarantees
• Arrange shipping or delivery

10.2 Direct Transactions

All transactions occur directly between Buyers and Sellers. Users are responsible for:

• Negotiating terms of sale
• Agreeing on payment methods and terms
• Executing contracts and agreements
• Transferring ownership and title
• Arranging transportation and delivery
• Handling any post-sale issues or disputes

10.3 Escrow and Secure Payment (Recommended)

For high-value transactions, we strongly recommend using:

• Third-party escrow services
• Secure payment methods with buyer protection
• Written sales contracts reviewed by legal professionals
• Professional boat surveys and inspections

10.4 Taxes and Duties

Users are responsible for:

• All applicable taxes (VAT, sales tax, import duties)
• Registration fees and transfer costs
• Compliance with tax reporting requirements
• Obtaining tax advice for international transactions

11. Fees, Payments, and Refunds

11.1 Platform Fees

BoatSaga charges fees for certain services:

• Listing Fees: Fees for creating listings (varies by plan)
• Featured Placement: Fees for premium listing visibility
• Subscription Plans: Monthly or annual membership fees
• Additional Services: Promotional services, analytics, etc.

11.2 Payment Processing

Platform fees are processed securely through Stripe. You agree to:

• Provide valid and current payment information
• Authorize charges for services purchased
• Pay all fees when due
• Update payment information if it changes

11.3 VAT and Taxes

Prices shown may or may not include VAT depending on your location. Norwegian VAT (25%) applies to services provided to Norwegian customers. EU VAT rules apply for EU customers.

11.4 Refund Policy

Platform fees are generally non-refundable, except:

• If we fail to provide the service as described
• If there is a technical error in billing
• As required by applicable consumer protection laws
• At our sole discretion in exceptional circumstances

11.5 Chargebacks and Disputes

If you dispute a charge, contact us first at info@boatsaga.com. Initiating a chargeback without contacting us may result in account suspension pending investigation.

12. Platform Role and Limitations

12.1 Marketplace Platform Only

BoatSaga provides a platform for Users to connect. We do not:

• Verify the identity of all Users (except dealers)
• Inspect boats or equipment listed
• Guarantee the accuracy of listings
• Endorse any User, listing, or transaction
• Act as an agent, broker, or representative
• Store or transport boats

12.2 No Warranty

We make no warranties or representations about:

• The quality, safety, or legality of items listed
• The accuracy of User-provided information
• The ability of Sellers to complete transactions
• The ability of Buyers to pay

12.3 User Responsibility

Users acknowledge and agree that:

• All transactions are at their own risk
• They must exercise caution and common sense
• They should verify all information independently
• They should seek professional advice when necessary

13. Prohibited Activities

Users are strictly prohibited from:

13.1 Fraud and Misrepresentation

• Posting false, misleading, or deceptive listings
• Misrepresenting boat condition, ownership, or specifications
• Engaging in any form of fraud or scam
• Creating fake accounts or reviews
• Price manipulation or bid rigging

13.2 Illegal Activities

• Selling stolen property
• Money laundering or financing illegal activities
• Violating export/import laws
• Evading taxes or customs duties
• Selling items prohibited by law

13.3 Platform Abuse

• Spamming or sending unsolicited messages
• Scraping or harvesting data from the Platform
• Using bots or automated tools without permission
• Attempting to hack, disrupt, or compromise security
• Circumventing any access or usage restrictions
• Creating multiple accounts to avoid fees or restrictions

13.4 Harassment and Abuse

• Harassing, threatening, or abusing other Users
• Posting hate speech or discriminatory content
• Bullying or intimidating others
• Sharing private information without consent
• Engaging in defamatory or slanderous conduct

13.5 Competitive Activity

• Copying our platform design, features, or code
• Creating competing services using our data
• Soliciting our Users for competing platforms

14. Content and Intellectual Property

14.1 Platform Content Ownership

The Platform and all content, features, and functionality (including but not limited to design, text, graphics, logos, icons, images, audio, video, software, and the selection and arrangement thereof) are owned by BoatSaga and are protected by Norwegian, EU, and international copyright, trademark, and other intellectual property laws.

14.2 User Content License

You retain ownership of content you submit (photos, descriptions, etc.). By submitting content, you grant BoatSaga a worldwide, non-exclusive, royalty-free, transferable license to:

• Use, reproduce, modify, adapt, publish, and display your content
• Create derivative works for platform functionality
• Distribute your content through the Platform and promotional channels
• Sublicense these rights to service providers

14.3 Content Representations

By submitting content, you represent that:

• You own the content or have necessary rights/permissions
• The content does not violate third-party rights
• The content does not violate any laws
• You have obtained all necessary consents (e.g., from people in photos)

14.4 Trademark Policy

"BoatSaga" and our logo are trademarks of DELES ARE TERJESEN. You may not use our trademarks without prior written permission. Boat manufacturers' names and logos belong to their respective owners and are used for identification purposes only.

14.5 Copyright Infringement

If you believe your copyright has been infringed, contact us at info@boatsaga.com with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury that the information is accurate

15. User Conduct and Community Guidelines

15.1 Professional Conduct

All Users must:

• Treat others with respect and courtesy
• Communicate honestly and professionally
• Honor commitments and agreements
• Resolve disputes amicably when possible
• Report violations of these Terms

15.2 Review and Rating System

Reviews must be honest, fair, and based on actual experiences. You may not:

• Post fake or fraudulent reviews
• Review your own listings or businesses
• Offer incentives for positive reviews
• Threaten or intimidate users into changing reviews

15.3 Messages and Communication

Platform messaging must be used for legitimate transaction-related communication only. Do not:

• Send spam or unsolicited advertising
• Share contact information to avoid platform fees
• Solicit Users for competing services
• Use messaging for harassment or abuse

16. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

16.1 Public Information

Information in your listings (including contact details you choose to display) is public and may be visible to search engines. Do not include sensitive personal information in public listings.

16.2 GDPR Compliance

We comply with the General Data Protection Regulation (GDPR) and Norwegian Personal Data Act. See our Privacy Policy for details on your data rights.

17. Disclaimers and Warranties

17.1 "AS IS" Service

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

17.2 No Warranties

We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free service
• Security or freedom from viruses
• Results from using the Platform

17.3 No Guarantee of Transactions

We do not guarantee:

• That listings are accurate or current
• That items advertised are available
• That transactions will be completed successfully
• That Users will fulfill their obligations
• That disputes will be resolved satisfactorily

17.4 Third-Party Content

We are not responsible for third-party content, links, or services accessed through the Platform. Use of third-party services is at your own risk.

18. Limitation of Liability

18.1 Limitation Scope

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOATSAGA (INCLUDING DELES ARE TERJESEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or goodwill
• Service interruptions or data loss
• Cost of substitute goods or services
• Any damages arising from transactions between Users
• Unauthorized access to your account or data
• Errors or omissions in listings or content
• Any User conduct or third-party content

18.2 Maximum Liability

Our total liability to you for all claims arising from your use of the Platform shall not exceed the greater of: (a) the amount you paid to us in the 12 months preceding the claim, or (b) €100.

18.3 Consumer Rights

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under applicable law

18.4 Statutory Rights

If you are a consumer in the EU/EEA, UK, or Norway, you have certain statutory rights that cannot be waived. These Terms do not affect those statutory rights.

19. Indemnification

You agree to indemnify, defend, and hold harmless BoatSaga (DELES ARE TERJESEN), its officers, directors, employees, contractors, agents, licensors, and service providers from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any laws or regulations
• Your infringement of third-party rights
• Content you submit to the Platform
• Transactions or disputes with other Users
• Your listings or sales activities

20. Dispute Resolution

20.1 User-to-User Disputes

Disputes between Users (Buyers and Sellers) must be resolved directly between the parties. We encourage Users to:

• Communicate openly and professionally
• Document all agreements in writing
• Seek mediation if needed
• Consider legal advice for high-value disputes

20.2 Reporting Violations

If you believe another User has violated these Terms, report it to info@boatsaga.com with details and evidence. We will investigate and take appropriate action.

20.3 Disputes with BoatSaga

If you have a dispute with BoatSaga:

1. Contact Us First: Email info@boatsaga.com to attempt informal resolution
2. Negotiation Period: We will work in good faith to resolve the issue within 30 days
3. Mediation: If informal resolution fails, parties agree to attempt mediation
4. Legal Action: As a last resort, legal action may be taken (see Section 22)

20.4 EU/EEA Consumer Disputes

If you are a consumer in the EU/EEA, you may use the EU Online Dispute Resolution platform: ec.europa.eu/consumers/odr

21. Termination and Suspension

21.1 Termination by You

You may terminate your account at any time through account settings or by contacting us. Upon termination:

• Your active listings will be removed
• Your profile will be deactivated
• You will lose access to messages and data
• Outstanding fees remain payable

21.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• You engage in fraudulent or illegal activity
• You fail to pay fees when due
• Your account is inactive for an extended period
• We are required to do so by law
• We cease operating the Platform

21.3 Effects of Termination

Upon termination:

• Your right to use the Platform ends immediately
• We may delete your data (subject to retention requirements)
• Outstanding obligations survive termination
• Provisions regarding liability, indemnification, and disputes survive

21.4 Appeal Process

If your account is suspended or terminated, you may appeal by emailing info@boatsaga.com with an explanation. We will review appeals within 14 business days.

22. Governing Law and Jurisdiction

22.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Norway, without regard to conflict of law principles.

22.2 Jurisdiction

Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Norway, with venue in the appropriate court for Trøndelag county.

22.3 Consumer Rights

If you are a consumer in the EU/EEA, UK, or Norway, you may have additional rights under local consumer protection laws, including the right to bring proceedings in your country of residence. Nothing in these Terms affects those statutory rights.

22.4 International Users

If you access the Platform from outside Norway, you are responsible for compliance with local laws. If your local laws prohibit use of the Platform, you must not use it.

23. Changes to Terms

23.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date
• Notify active Users via email
• Display a prominent notice on the Platform
• Provide at least 30 days' notice for material changes

23.2 Continued Use

Your continued use of the Platform after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Platform and may close your account.

24. Miscellaneous

24.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and BoatSaga.

24.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

24.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

24.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or successor without restriction.

24.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet outages, or government actions.

24.6 Language

These Terms are provided in English. If translated into other languages, the English version prevails in case of any conflict or ambiguity.

24.7 Electronic Communications

You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for writing.

Important Disclaimers and User Acknowledgments

25. Contact Information

If you have questions, concerns, or legal inquiries regarding these Terms of Service, please contact us:

Regulatory and Compliance Information

Consumer Protection

Norwegian Consumer Protection: forbrukerradet.no
EU Consumer Rights: ec.europa.eu/consumers

Data Protection

Norwegian Data Protection Authority (Datatilsynet): datatilsynet.no

Business Registration

Verify our business registration at Brønnøysund Register Centre: brreg.no
Organization Number: 925992720