Terms and Conditions | OCTOPUS COMICS

Services Terms and Conditions

These terms and conditions apply to the submittal of all comic books through Octopus Comics, ordered by you (“Customer”) and described in a grading ordering form (“Octopus Comics Grading Submission Form”):

Octopus Comics employs a proprietary grading system to evaluate comic books. The assigned grade reflects the opinion of our experienced grading team, but it is important to note that acceptance in the marketplace cannot be guaranteed, as grading is inherently subjective. In the unlikely event of any clerical errors with respect to the description or grade of a comic book occur, Octopus Comics will promptly correct the issue at no cost to the customer. We also conduct a thorough restoration check on every book, although we cannot guarantee the outcome. Please be advised that books submitted to Octopus Comics may be imaged and utilized by our team at any time.
The Octopus Comics Holder is designed to ensure that any tampering is easily detectable. To ensure the validity of grading, the holder must be completely intact with unbroken seals and holographic security stickers. The holder can be opened safely if the owner wants to remove the book, but doing so will void the grading. Octopus Comics is not liable for any damage to books that are not in their possession. For instructions on opening the holder, please contact us.
The customer is required to complete all submission information on the Grading Submission Form and package and ship all comics in accordance with the instructions provided on the website. It is important to note that the customer represents and warrants to Octopus that the Declared Value stated on the Grading Submission Form reflects their good faith belief as to the market value of the comics. In the event that Octopus Comics determines that the comics are undervalued, the Declared Value stated by the customer will not be adjusted. Furthermore, if the Company determines that the submitted comics do not qualify for the requested services, the Services and fees will be adjusted accordingly. It is important to note that the Company reserves the right to convert any submission into an Appearance Review, regardless of the requested services.
The customer hereby warrants that they possess no knowledge or reasonable basis for belief that the collectible they are submitting is not genuine or has undergone any undisclosed alterations or restorations. This includes any methods used to modify or enhance the appearance, condition, or content of the collectible, which is deemed as wrongful tampering. Any breach of this section shall entitle the company to compensatory damages and injunctive relief, as appropriate.
Octopus Comics retains the discretion to decline any comics submitted for Services if they fail to comply with the Company's prevailing standards and procedures as outlined on its website. It is important to note that even if the collectibles are ultimately rejected, fees for Services will not be refunded as they must still undergo receipt, tracking, and examination.
Octopus Comics will perform a thorough restoration and conservation check on all submitted comics, adhering to our established guidelines and procedures. While we make every effort to detect any restoration or conservation, we cannot provide a warranty for this process or its outcomes. In the event that restoration or conservation is detected, the books will be indicated on the label as "restored" or "conserved". If both restoration and conservation are detected, the label will reflect both. Please note that Octopus Comics cannot guarantee market acceptance of the grade or the restoration/conservation check.
Octopus Comics operates on a payment policy that entails sending an invoice to the customer upon receipt of an order. It is required that payment be made upon receipt of the invoice and before the commencement of services. Once the services are completed, Octopus Comics will proceed to ship the orders.
Octopus Comics does not provide refunds for their condition appraisal service, and all sales are considered final.
After a book has undergone the grading process, the entire cost of the service is incurred. The service includes the encapsulation of each book in both an inner and outer holder, which is provided free of charge.
In the event that payment for submissions is not received and they are held for a period exceeding one month past the anticipated shipping date, storage fees will be imposed. The storage fee will be either $100 per month or 3% of the total of the books per month, commencing from the date the books were scheduled to be shipped. Failure to remit full payment within three months will result in Octopus assuming ownership of the books and liquidating them to recover grading and other fees.
It is duly noted that certain paper collectibles may be susceptible to damage, despite exercising reasonable care while handling them. This is primarily due to the state in which they are provided by the customer to the company, such as items that are worn, fragile, or brittle, and/or the properties, characteristics, and quality levels of the materials used to compose them. For instance, comic books with glossy covers may experience ink flecking or "color lift" even when encapsulated.
Octopus Comics is committed to providing exceptional care for all collectibles submitted for our services. In the unlikely event that a collectible is damaged due to negligence or lost while in our possession, we will compensate the customer based on the fair market value of the collectible. Our determination of the fair market value will be made in good faith, using reliable current market information. Please note that the compensation amount may not necessarily be based on the customer's declared value, but will not exceed it.
Octopus Comics only provides insurance for orders when the books are in their direct control at their office. Once collectibles are submitted to the company, customers cannot cancel or change the order. Responsibility for any lost items during shipping or after the books have left the control of Octopus Comics and their offices is transferred to the shipping company, and Octopus Comics cannot be held accountable.
Once your items have been encapsulated and passed the final Quality Control evaluation, Octopus Comics will ship them using carriers such as Canada Post, UPS, and FedEx. For comics in certain situations, a shipping broker will be utilized.
Octopus Comics is responsible for compiling data and creating digital images of collectibles submitted for their services. As a partial consideration for the performance of services pursuant to the Submission Form, the customer hereby grants Octopus Comics authorization to compile such data and create such images. The customer agrees that the company shall have an irrevocable, non-exclusive, perpetual, unlimited, royalty-free right and license to use and commercialize such data and images for any purpose.
The holders for collectibles are intentionally designed to be tamper-evident and challenging to remove. In the event that our services require the removal of a collectible from its holder, we kindly request that the customer agrees to release, waive, and discharge our company and its directors, officers, agents, and employees from any liability The customer also covenants not to sue our company for any loss or damage arising from our efforts to fulfill their request, unless such loss or damage is caused by our gross negligence or willful misconduct.
Upon receiving collectibles from Octopus Comics, the customer is required to inspect them promptly. Octopus Comics will not be held responsible for any damages or mistakes unless they are reported within fourteen (14) days of the customer receiving the items.
As per the agreement, the customer is obligated to return any collectible that bears a clerical error made by Octopus Comics, and we will bear the expenses incurred in the process. We will rectify the error and return the collectible to the customer. In the event of non-compliance with this section, the customer agrees to indemnify, defend, and hold Releasees harmless from any claims, liabilities, and expenses, including attorneys fees.
In the event that a collectible submitted by the customer is determined, at any point, to be inauthentic or to have been tampered with, the customer is expected to provide reasonable cooperation to the company and any subsequent owner of said collectible. This cooperation includes the reversal of any sales transaction involving the customer and any subsequent owner or intermediate purchaser or transferee.
The laws of the Province of Ontario will be applicable to transactions and disputes between a Company and Customer, without any consideration to its choice-of-law principles.
The customer is hereby informed that submitting a comic book with a forged signature through the Program is considered fraudulent conduct. Octopus Comics reserves all rights and remedies to take appropriate legal action in response to such behavior.
At Octopus Comics, we place a high priority on safeguarding your privacy and security.
Octopus Comics strictly prohibits any external access to your personal information. However, we may utilize your contact information to send you mailings, promotions, solicitations, or other correspondence. By utilizing our services, you grant us permission to use your contact information in this manner. You have the option to opt-out of receiving communications from Octopus Comics after joining. We assure you that your personal information will never be shared with third parties without your explicit consent.
For any inquiries regarding this website's privacy and security statement, practices, or your interactions with the site, please reach out to us at customerservice@octopuscomics.com.
The shipping and handling costs are determined by their declared value.
The laws of Canada and the Province of Ontario, without considering its choice of law rules, will govern and interpret the rights and responsibilities of both you and Octopus Comics.
Upon submitting your comics to Octopus Comics, you are hereby acknowledging and agreeing to the following terms and conditions.
1. hereby acknowledge and agree to comply with all the terms and conditions outlined in the Submission Instructions.
2. consent to being subjected to the exclusive venue and jurisdiction in Ontario, Canada.
3. relinquishing any entitlement to select a particular venue or jurisdiction based on your present or future domiciles.
Octopus Comics strives to ensure that the information and materials presented on this website are precise. However, we cannot be held accountable for any inaccuracies errors that may occur. Our goal is to provide our customers with the best services at the most affordable prices while maintaining accurate information on our website.

Revised May 16/2024