Thank you for choosing the products of ${company_name}.
The ${company_name} Store Sales Agreement (“this Agreement”or “Sales Agreement”) is an agreement concluded between the buyers as the purchaser ("You”) and products from the ${company_name} Store 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 ${company_name} ("Privacy Policy", "User Service Agreement") before submitting your order at ${company_name} Store. By checking this Agreement and submitting your order in the ${company_name} 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 place order.
The information included in the ${company_name} is nothing more than invitation for offer. Any information of such does not form as offer of the ${company_name} Store to provide any product or service.
The pictures, videos and words displayed on the ${company_name} Store may not be the same as the actual products due to different batches and technology advancement. ${company_name} 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 ${company_name} Store, please contact us at ${email}.
1.Pricing and Adjustment
${company_name} reserves the right to change the price of the products displayed in the ${company_name} 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.
${company_name} 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 ${company_name}
Should ${company_name} reduce its price on any product within 7 calendar days(hereinafter refered to as “Price Protection Period”) from the date you place an order and pay for the product on ${company_name} Store, feel free to contact ${company_name} Customer Service Center by ${email} or Online Customer Service Chatbot within 14 calendar days after the reduction of price (counting from the exact time of the price reduction) 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 ${company_name} Store, referring to all categories of ${company_name}-branded products on sale, 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 reduced selling price displayed on shelf during the “Price Protection Period”.
*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.
${company_name} 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.
When you place an order from ${company_name} 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 ${company_name} Store may impose limits on the purchase quantity. The ${company_name} 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 ${company_name} 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 ${company_name} 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.
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 ${company_name} online store or by sending an email to ${email} 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 ${email} before receiving the shipment notification email. However, ${company_name} 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.
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, ${company_name} 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.
${company_name} 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 ${company_name} 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 Contact ${email} via email, provide the email address used for placing the order and the order number to customer service for logistics status inquiry; ③ 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 ${company_name}’s control. Thus, ${company_name} 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 ${email}, and we will do our best to contact the logistics company to help resolve the issue.
Title for purchases transfer from ${company_name} 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.
${company_name} 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 ${email}. If there is serious damage to 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 ${email} immediately to solve your problem.
Within 15 days of the shipment of the order, customers could confirm the receipt of product on ${company_name} Store upon its delivery.
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 ${company_name} Customer Service Center by ${email}. We will re-ship the product or provide a refund or reimbursement according to the 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.
For most products purchased from ${company_name} Official Store, our Return and Exchange Policy allows you to request a return within 15 days upon receipt of the product without any reason, with certain exceptions.
For pre-sale products, ${company_name} 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 ${company_name} has the right to adjust the shipping time or cancel the order according to the actual situation. If any such adjustment or cancellation occurs, ${company_name} will promptly notify the customer.
${company_name} Store sells and delivers products to end-users/customers only. Any purchase of products from${company_name} for the purpose of reselling is forbidden. Bulk resale refers to the act of purchasing products from the${company_name} 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 ${company_name} Store, you agree that you are not purchasing ${company_name}’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, ${company_name} Store reserves the right to take action against any violating users.
You agree and acknowledge that the ${company_name} 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 ${company_name} 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.
The Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. ${company_name} 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”). ${company_name} has the right to enjoy and implement ${company_name} Intellectual Property according to the relevant laws and regulations, and all the proceeds arising from the intellectual property protection shall be owned by ${company_name}. 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 on ${company_name} Intellectual Property is unacceptable by us, including but not limited to reverse engineering or resale of the products purchased.
Once you have placed an order, this means you agree that ${company_name} 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 ${company_name}**,** so you can receive information regarding ${company_name} 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 ${company_name} Store. You can find the "${company_name} Privacy Policy" at the bottom of the homepage of the ${company_name} Store.
If ${company_name} 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, ${company_name} Store will notify you within 5 days after the conditions of the incident have been eliminated). If ${company_name} 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.
You agree to defend, indemnify, and hold ${company_name}, 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.
This Agreement applies to all products sold at ${company_name} Store. If ${company_name} 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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ${company_name} 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 ${company_name} 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.
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.
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.