Our website,https://www.deardiary,studio,  (the “Site”) is provided to you by LAGOM Studios (a company registered in Hong Kong whose registered office is situated at Unit 2001, 20/F, The Galaxy, 313 Castle Peak Road, Kwai Chung, Hong Kong), and all subsidiaries, associated companies and affiliated companies (collectively “LAGOM Studios”, “we”, “our” or “us”) in accordance with the following provisions and all other policies, rules and procedures posted on or referred to by the Site (collectively, the “Terms of Use”), under which you may use and access the Site. By accessing the Site, you shall be deemed to have read through and agreed to comply with and to be bound by the Terms of Use.

You should read our Privacy Policy which sets out how we may collect and use your personal data that you provide to us through the Site. If you are under 18 years old, you must let your parents or guardians know about our Privacy Policy and inform them about the Terms of Use, and obtain their approval before you use the Site or any of the Site’s services.

You understand that our Terms of Use shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between you and LAGOM Studios other than the contractual relationship expressly provided for and to be entered into pursuant to and under the Terms of Use. 

Please be reminded that the contents of the Site is provided by us while the infrastructure of the Site is supplied by WooCommerce and Stripe. You must also observe and follow the terms of use and the privacy as stipulated by WooCommerce and Stripe while using our Site. You are solely responsible and liable if you violate any of their terms of use or privacy policy.

We reserve our right to modify the Terms of Use at any time without any notice to you. Please read the Terms of Use every time before you use the Site in case of any changes. If you do not agree to any change to the Terms of Use, you must immediately stop using the Site.

Last updated on September 15, 2021

Please read these Terms of Sale carefully before ordering Products online from LAGOM Studios (“LAGOM Studios”) under this online platform (the “Platform”).

This Terms of Sale (‘Terms of Sale”) shall govern LAGOM Studios’ sales and your purchase under this Platform. These Terms of Sale create a legally binding agreement between you and LAGOM Studios and its affiliates (which we may refer to as “LAGOM Studios”, “we,” “us,” or “our”) regarding orders placed for products available on the Platform. 

LAGOM Studios may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. 

If you have any doubts or enquiries, please contact us at experience@deardiary.studio

LAGOM Studios’ Return and Refund Policy, Terms of Use, Privacy Policy are incorporated herein by reference.

PLACING ORDERS ON THE PLATFORM

To place an order on the Platform, you must be of legal age in your country and a consumer.

The Platform is intended solely for LAGOM Studios to sell LAGOM Studios products directly to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of LAGOM Studios product by someone who resells or intends to resell, the LAGOM Studios product to others (consumers, businesses, or any third party). If LAGOM Studios believes you are involved in purchase for resale, LAGOM Studios reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, suspend or close your account, and/or take appropriate legal actions.

If you are interested in any further cooperation on our Products, please feel free to contact us at hello@deardiary.studio.

You need to provide certain personal information, including but not limited to your name and your contact information, in particular, your email address, to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing customized items, adding items to your shopping cart and submitting your order. An Order Confirmation will be sent to your email provided to denote our receipt of your order.

We reserve the right to impose any limit to the quantity of the items that you ordered. Shall there be any change in the order quantities, we shall notify you in writing. 

All orders placed under this Platform shall be fulfilled subject to its availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order we cancelled:

• the product is not available / in stock;
• your billing information is not correct or not verifiable;
• your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
• your payment is not received within 12 calendar days after acceptance of your order; 
• we believe you are under the legal age in your country;
• we believe that you are a reseller;
• there was an error in the price displayed on the Platform;
• we could not deliver to the address provided by you;
• due to an Uncontrollable Event (see below);
• in the event of misspelling, pricing, or other errors or mistakes in the Platform information.
• any other reason which we considered reasonable and not in violation of any laws and regulations.

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions that can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.

Title to the Products shall remain vested in us until we receive full payment of the total price. The risk of loss and title for products purchased from LAGOM Studios passes to you upon our delivery to the carrier.

PRICE / PAYMENT

You shall pay your order using the payment methods as specified under this Platform. Please do not try to pay in any other way than specified under this Platform. You must not send in any amounts of cash or cheque to us. We shall not be liable for loss of the payment or any other damages that may result from thereof.

Your payment shall initiate once you confirm and submit the order to us under this Platform. Please be noted that time is needed to complete the payment process and your payment may not be reflected in your payment account immediately. You must ensure sufficient funds are retained in your payment account to settle the payment. You will be responsible for all the costs and expenses incurred due to your fault or negligence in the payment process.

The prices of the Products displayed on the Platform include the price of the goods only. It does NOT include:

• taxes, e.g. Goods and Services Tax (GST) or Value-Added Tax (VAT);
• any import tariffs or other governmental charges;
• shipping charges (Please see clause 4.3.2);
• charges imposed by the payment processing agents, for example, the bank, credit card companies, Paypal, etc.

You will be responsible for the shipping charges incurred in the delivery of the Products, EXCEPT that the Products are delivered to the following locations:

• Hong Kong

Please note that the shipping charge is non-refundable. We reserve the right to change our arrangement of shipping charges from time to time. You must check our shipping charge arrangement before you confirm and submit your order.

Prices are quoted in the currency as displayed on the Platform. You may need to convert the prices displayed to your local currency on your own. Please be noted that the final prices charged to you may differ from your conversion due to the currency conversion rate that you use. LAGOM Studios shall not be responsible and liable to you for any discrepancies for such currency conversion rate in your final payment.

The total price will be specified in the final check out screen. This price will be recorded in the Order Confirmation. You should print or download it for future reference. 

The total amount for your entire order will be reflected on your statement in your local currency or in the currency as shown by your selected payment processing agent, for example, the bank, PayPal, or the credit card companies. The payment processing agent will apply their own exchange rate applicable under the payment. Such an exchange rate is beyond our control. LAGOM Studios shall not be responsible and liable to you for any discrepancies for such currency conversion rate in your final payment.

The prices of the Products on the Platform may change from time to time, but such changes will not affect any order which we have confirmed in an Order Confirmation.

SHIPPING & DELIVERY

We do not ship on certain public holidays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries in which we accept the order.

Where possible, we try to deliver all items which you have ordered at the same time. However, please note that due to the fact that our Products are manufactured at different factories, Product may result in split shipments.

We reserve the right to split the delivery of your order, for instance, if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an email to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.

Different countries may have different laws and regulations on the import requirement for the products. You should check and ensure that the products you purchased can be imported into the country that you designated for delivery.

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. You should notify us by sending an e-mail to our customer service at hello@deardiary.studio

Returns & Cancellations

You may cancel any order free of charge and without giving us any reason, provided it has not yet been dispatched for delivery. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please contact our customer service at hello@deardiary.studio immediately. Our customer service ambassadors will request a cancellation of your order at our warehouse. If the order can be cancelled successfully, we shall send you a confirmation in the email that you provided to us.

We do not ship on certain public holidays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries in which we accept the order.

Refunds will be issued based on the original form of payment if possible. Please be noted that you may need to provide such information to our customer service ambassadors when you initiate the return so that we can refund the money directly to your account.

An Uncontrollable Event means any act or event beyond our reasonable control, including but not limited to any act of Gods, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks.

If an Uncontrollable Event takes place that affects the performance of our obligations under these Terms of Sale:

a) We shall notify you as soon as reasonably practicable;
b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Uncontrollable Event.

Where the Uncontrollable Event affects the delivery, we shall arrange a new delivery date with you after such Uncontrollable Event is over. You may cancel the contract if an Uncontrollable Event takes place and you no longer wish us to provide the products.

We shall only be liable for direct damages and only if you can prove that we, our employees or third parties instructed by us have acted with gross negligence or with unlawful intent. LAGOM Studios’ liability shall be limited to the (purchase) prices of the Products in question. In no event shall we be responsible or liable towards any special, indirect, consequential, punitive, incidental damages or damages of such nature.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.

Any waiver we may offer shall be communicated to you in writing. A failure or delay by us to exercise any right or to act upon a breach shall not constitute a waiver of that right or breach, nor shall it preclude or restrict any further exercise of that right or further action upon a breach.

These Terms of Sales shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You irrevocably submit to the exclusive jurisdiction of the relevant courts of Hong Kong.