insta360

insta360Online Store

【V2.0】

updated date:【10th Nov, 2023】

effective date:【17th Nov, 2023】


Thank you for choosing the products of insta360.com.

Parties to the Agreement

The Insta360 Store Sales Agreement (“this Agreement”or “Sales Agreement”) is an agreement concluded between the buyers as the purchaser ("You”) and products from the Insta360 Store ( store.insta360.com,“Insta360 Store”) of Arashi Vision Inc. (“Insta360”) to purchase products. Please read and fully understand this Agreement, which constitutes a legal document binding on both parties.

You must guarantee that you have legal capacity, that your signing and performance of this Agreement is legal, and that you have obtained all necessary consent and authorization for this purpose.

Please confirm that you have fully understood and accepted this Agreement and other terms of Insta360 ("Privacy Policy", "User Service Agreement") before submitting your order at Insta360 Store. By checking this Agreement and submitting your order in the Insta360 Store, you hereby state and guarantee that you have the ability to agree to and sign the clauses in this Agreement. If the buyer cannot accept all the clauses included in this Agreement, please do not hit the “Place Order” button.

Pictures and Advertisements

The information included in the Insta360 Store is nothing more than invitation for offer. Any information of such does not form as offer of the Insta360 Store to provide any product or service.

The pictures, videos and words displayed on the Insta360 Store may not be the same as the actual products due to different batches and technology advancement. Insta360 Store always strives to provide customers with objective and correct website content and pictures, but takes no responsibility for any incorrect information that has not been subject to proofreading, or for any misunderstandings due to differences in interpretation.

If you find any errors in the information displayed on the Insta360 Store, please contact us at ecommerce@insta360.com.

Pricing and Adjustment

1.Pricing and Adjustment

Insta360 reserves the right to change the price of the products displayed in the Insta360 Store based on the actual market situation. In the event of a price change, any change or cancellation of an order due to a change in price will not be accepted.

Insta360 has the right to correct any unintentional mispricing (which may require us to revoke an offer). In the event of a pricing error, you will be notified and will be allowed to continue trading at the correct price or cancel the order without any charge.

2.Price Protection Policy of Insta360

Should Insta360 reduce its price on any product within 7 calendar days from the date you place an order and pay for the product on Insta360 Store (https://store.insta360.com/), feel free to contact Insta360 Customer Service Center by ecommerce@insta360.com or Online Customer Service Chatbot to request a refund of the difference between the price you were charged and the current selling price.

Please note and be aware that:

1.Products herein are limited to the products you purchased from Insta360 Store, referring to all categories of Insta360-branded products on sale (including Insta360 cameras, accessories, Insta360 Care&Extended Warranty) and Sandisk SD Card, with Co-branded products and other branded products excluded.

2.This policy is only applicable to limited-time price reductions, such as those that occur during special sales events, such as Black Friday.

3.The amount of refund=base price at the time of placing the order-the current selling price displayed on shelf.

*Base price at the time of placing the order=the selling price displayed on shelf at the time of placing the order-digital coupon amount used.

4.Free gifts are excluded from this policy.

Sales & Use Tax in the United States

Sales & Use Tax (“Sales Tax”) will be charged by applicable US states to customers who purchase from Insta360. We are required by law to collect Sales Tax in those states. You will see the Sales Tax may applied to your order once you confirm your shipping details and proceed to checkout. Sales Tax charged(if applied) on your order will be displayed at the checkout stage.

The price of the product displayed in Insta360 Store does not include Sales Tax. Sales Tax is calculated on the net total merchandise value after all applicable discounts have been applied. Total taxes may also include taxes charged on the delivery and shipping fees (if taxable in your state).

In case of returns and/or refunds, the appropriate Sales Tax will also be refunded.

Import Tax in Canada

The import tax collected by Insta360 will be paid to Canada Border Services Agency on behalf of customers at the time of entry. You will see the import tax applied to your order once you confirm your shipping details and proceed to checkout. Import tax charged on your order will be displayed at the checkout stage.

The price of the product displayed in Insta360 Store does not include import tax. Import tax is calculated on the net total merchandise value (excluded care/extended warranty) after all applicable discounts have been applied.

In case of returns and/or refunds, the appropriate import tax will not be refunded.

You can find additional information on pricing and taxes on the “Payment and Pricing” page in the Insta360 Store.

Order Payment

Insta360 will not charge any fees or additional transaction costs for order payments. After you have completed the order payment, if there are any fees or additional charges on your statement from your credit card or other payment institutions, those fees may be levied by your issuing bank or payment institution in accordance with the terms of the payment agreement you agreed upon. If you have any questions about this, please contact your issuing bank or payment institution for more information.

Receipt and Payment Voucher

A commercial invoice can be issued after the order is shipped. When your order has been shipped, you can download the invoice through either of the two ways below:

1.Within the "Your order is on the way" email, you can download the invoice by clicking the "Download Invoice" link at the bottom of the email.

2.On the order details page, you can download the invoice by clicking the "Download Invoice" link below the order details.

If you need to modify your invoice information, please contact us at ecommerce@insta360.com.

Order Receipt and Confirmation

When you place an order from Insta360 Store, your order constitutes an offer to purchase products or services from us. If your order contains multiple products or services, your order will contain a series of offers for each product or service.

Taking into account the popularity or supply constraints of certain products, the Insta360 Store may impose limits on the purchase quantity. The Insta360 Store reserves the right to change the available purchase quantity at any time.

When you place an order, please carefully confirm the product name, price, quantity, model, contact address, telephone number, consignee and other information. If there are any errors or omissions, you will bear the adverse consequences and expenses (if any) yourself. If the aforementioned information provided is not accurate or contains any errors or omissions, you will be responsible for the legal consequences arising from such disclosure and representation.

Once we have received your order, we will send you the first type of order confirmation email. However, your receipt of the above email does not constitute confirmation that we have accepted your order, nor does it constitute a confirmation of our offer to sell. It simply means that we have confirmed receipt of your order.

Once we have handled your order and are ready to ship the goods, we will send you the second type of email indicating that we have accepted your order, which will include shipping details when the shipment is ready and shipped out from the warehouse.

We have the right to decide whether to accept your order. The Insta360 Store will only accept your order only after we have confirmed that the stock, logistics, policies and all other objective conditions can be satisfied. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order. If the Insta360 Store have confirmed your order, but find out later that we can not offer the products or service ordered or that the buyer is scalping, competing with malice or buying against the purchase limitation, etc., we will cancel the order and refund the purchase price to you in full.

Order Cancellation

We reserve the right to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or malicious transactions, or theft of other people's accounts, etc.

If you need to cancel an order, you can do so before receiving the product shipping details email by accessing "My Orders" on the official Insta360 online store or by sending an email to ecommerce@insta360.com using your order placement email address to request order cancellation. Once the order is successfully canceled, the payment amount you made will be refunded to the original payment account. The order cannot be changed once it has been confirmed and processed. If you want to cancel the order after it is confirmed, please process with the refund in 15 days upon receiving the product. For return requirements, please refer to the Return and Exchange Policy.

If you need to modify the recipient and delivery address information of your order, please send an email using the email address used during checkout to ecommerce@insta360.com before receiving the shipment notification email. However, Insta360 Store does not guarantee that the information can be successfully modified. For orders requesting modifications, you will be responsible for any unfavorable consequences and additional shipping fees (if applicable) resulting from your request.

Logistics and Delivery

The shipping fees will be calculated and displayed on the shopping cart page and checkout page. You can find relevant information about the shipping fees on the shopping cart page, checkout page, and order confirmation email. We are unable to ship to PO Boxes.

For non-pre-sale products, on normal business days, Insta360 Store processes the order within 24 hours after the order was placed, once confirmed, we will ship it according to the timescale shown on the store product page. The actual delivery time may deviate due to factors such as holidays, discount promotions, force majeure, etc. Orders with the same or similar shipping address, the same contact information, the same payment account, and the same consignee may not be shipped at the same time, it is depended on the shipping time shown in the order shipping details email.

Insta360 Store will select a third-party shipping company with consent of the buyer, including but not limited to: 1. DHL, 2. UPS, 3. EMS, 4. SF International, 5. SF Logistics, 6. Local Carrier.

The Insta360 Store will choose the most suitable shipping company to provide the service according to the shipping address.

After the order is shipped, you can check the logistics status through the following methods: ① In the product shipping details email, click on the link provided to query the logistics status through a third-party logistics company or logistics information inquiry platform; ② Log in to the Insta360 Store, go to "My Orders" - "Order Details" - "Logistics Information" to view the logistics status; ③ Contact ecommerce@insta360.com via email, provide the email address used for placing the order and the order number to customer service for logistics status inquiry; ④ Visit the official website of the third-party logistics company and enter the logistics tracking number to query the logistics status (this method only applies to some third-party logistics companies that have official websites and provide logistics tracking services).

The shipping time should be subject to the time announced by the third-party shipping company. Once the products of your order leave our warehouse, the actual delivery may be affected by events which are beyond Insta360’s control. Thus, Insta360 does not assume any responsibility for any delay in delivery due to unexpected logistics related events.

If any logistics delay occurs, you may send an email to ecommerce@insta360.com, and we will do our best to contact the logistics company to help resolve the issue.

Risk of Loss

Title for purchases transfer from Insta360 or the respective selling entity to you as the respective customer upon our delivery to the carrier.

Because our delivery of your purchases to the carrier shall constitute delivery to you, the risk of loss or damage shall pass on to you at the time we deliver your purchases to the carrier.

Order Receipt

Insta360 ensure that the outer packaging of the product is shipped intact. In order to protect your rights and interests, we recommend that when you receive the product, the outer packaging of the product shall be checked by you, if you find any damage or deformation, please do not open the outer packaging of the product, and then immediately take pictures to contact with ecommerce@insta360.com. If there are serious damages on the outer packaging, please reject the package on-site.

To protect your rights and interests, we strongly recommend you to take a complete unboxing video and confirm whether you have received all items (including all products and accessories inside the box) according to the packing list. If you find that the products are missing or have been broken after opening the box, please contact with ecommerce@insta360.com immediately to solve your problem.

Within 15 days of the shipment of the order, customers could confirm the receipt of product on Insta360 Store upon its delivery. If no receipt confirmation was made after 15 days of shipment, the system would automatically confirm the receipt of order.

If you did not receive the product after the auto-confirmation by the system, you can check the specific logistics status of your product shipment and contact the logistics company for further assistance, or contact Insta360 Customer Service Center by ecommerce@insta360.com. We will re-ship the product or provide refund or reimbursement according to actual situation.

You are aware and acknowledge that the product you purchased should only be received by the recipient whose identity information has been verified as correct. Any losses caused by changing the recipient or providing incorrect delivery information will be your responsibility. If the recipient is different from yourself, the recipient's actions and expressions of intent will be considered as your own, and you shall assume joint liability for the legal consequences of the recipient's actions and expressions of intent.

Returns and exchanges

For products purchased from the Insta360 Store, if the product is in good condition (meaning it maintains its original quality and functionality, and the product itself, packaging, accessories, gifts, manuals, trademarks, etc., are intact without any damage caused by human factors, activation, or use that affects secondary sales) and has not been activated, you can initiate a return request within 7 days after receiving the product. To do so, you can go to the "My Orders" section on the Insta360 Store and click on the "Apply for Return/Exchange" button next to the product. Alternatively, you can send an email to ecommerce@Insta360.com or contact us through online support to request a return. For specific return and exchange standards and services, please refer to the "Return and Exchange Policy" available at the bottom of the Insta360 Store.

After-sales Service

Insta360 will provide after-sales service based on the after-sales policy on the official website.

For specific service terms, please refer to https://www.insta360.com/support/aftersales.

Pre-Sale Policy

For pre-sale products, Insta360 Store would only provide the estimated shipping time due to objective uncertainty, the actual shipping time may be influenced production, inventory situations and force majeure.

Customer hereby agrees that Insta360 Store has the right to adjust the shipping time or cancel the order according to the actual situation. If any such adjustment or cancellation occurs, Insta360 will promptly notify the customer.

Resale forbidden

Insta360 Store sells and delivers products to end-users/customers only. Any purchase of products from Insta360 for the purpose of reselling is forbidden. Bulk resale refers to the act of purchasing products from the Insta360 Store in large quantities and reselling them directly to customers (orders with the same contact information, payment account, recipient, similar shipping addresses, and identical billing information may be considered as the same user; ordering more than 10 units of the same product by the same user will be regarded as bulk purchase). By submitting an order on Insta360 Store, you agree that you are not purchasing Insta360’s products for resale. We reserve the right to refuse or cancel your order if we have reasonable grounds to believe that you are not purchasing the products for personal use. Meanwhile, Insta360 Store reserves the right to take action against any violating users.

Abnormal Order handling

You agree and acknowledge that the Insta360 official store reserves the right to unilaterally refund the payment to the payer's account and cancel the order if any of the following circumstances occur before the goods are shipped or signed for:

1.The order is generated through abnormal processes, including but not limited to violations of participation in restricted purchase activities, the use of illegal software to disrupt the order generation process, etc;

2.Your user account or payment channel poses suspicious risks, including but not limited to artificially generating orders through improper means, engaging in malicious transactions, stealing other people's accounts, orders that highly conform to the pattern of fraudulent orders, etc;

3.Due to inventory, supply, logistics restrictions, the Insta360 is temporarily unable to ship the product;

4.The shipping information provided by you is untrue, inaccurate, or incomplete;

5.No one signs for the product upon delivery to the designated address.

Intellectual Property Protection

The Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Insta360 and its Affiliates are the owner of all the intellectual property rights related to the products and services (including but not limited to design drawings, technologies, appearance design, brands, and trademarks, etc.) and the right to apply for intellectual property of the related intellectual achievements (collectively referred to as “Insta360 Intellectual Property”). store.insta360.com has the right to enjoy and implement Insta360 Intellectual Property according to the relevant laws and regulations, and all the proceeds arising from the intellectual property protection shall be owned by store.insta360.com. has absolute authority to strive for and maintain the protection for the intellectual property of all or part of the technologies or improvements across the world. Any infringement of rights and interests of store.insta360.com on Insta360 Intellectual Property is unacceptable by us, including but not limited to reverse engineering or resale of the products purchased.

Data Protection

Once you have placed an order, this means you agree that Insta360 Store may store, process or use the data you provided for the purchase of the product or service. This also means that you agree for your data to be archived and/or circulated within store.insta360.com, so you can receive information regarding Insta360 products or services that may interest you. To provide you with a more stable service and ensure the security of your transactions, we will collect and process your personal information in accordance with the Privacy Policy of Insta360 Store. You can find the "Insta360 Privacy Policy" at the bottom of the homepage of the Insta360 Store.

Force Majeure

If Insta360 Store can not fully fulfill the obligations of this Sales Agreement due to force majeure, we will notify you within 5 days from the date of the force majeure (if the notice can not be delivered within the aforementioned period due to a force majeure incident, Insta360 Store will notify you within 5 days after the conditions of the incident have been eliminated). If Insta360 Store fails to fulfill the Sales Agreement due to force majeure, we shall be wholly or partially exempt from liability or responsibility. Force majeure events include, but are not limited to, earthquakes, flooding, lightning strikes, snowstorms, and government action.

Indemnity

You agree to defend, indemnify, and hold Insta360, its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service or Content; (ii) your violation of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive the termination or expiration of this Agreement.

Protocol Conflict

This Agreement applies to all products sold at Insta360 Store. If Insta360 Store makes any specific sales policy for any product, and there exist conflicts between the sales policy and this Agreement, please take the product sales policy as the standard.

Limitation and Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER INSTA360 NOR ANY OTHER COMPANY OR INDIVIDUAL INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSTA360 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Governing Law and Jurisdiction

If you reside inside the European Union, this Agreement and any action related thereto will be governed by the laws of the Member State where you are domiciled. In case of a dispute the competent courts of the Member State where you are domiciled will have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

If you reside outside of the European Union, this Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to exclusive jurisdiction and venue in such courts. You are also protected by any mandatory provisions in the laws of the country/region in which you reside.

Others

If any provision of this Agreement is held to be invalid, void, non-binding, or for any reason unenforceable, and does not affect the validity and enforceability of any remaining provisions, the remaining provisions shall remain in full force and effect.

Updated on:【Nov】【10】, 2023

Effective on:【Nov】 【17】,2023

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