Terms of Sale
Please read these Terms of Sale carefully before ordering Products online from LAGOM Studios (“LAGOM Studios”) under this Shopify online platform (the “Platform”).
APPLICABILITY
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
ELIGIBILITY TO ORDER
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
HOW TO ORDER
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.
ORDER QUANTITY
We reserve the right to impose any limit to the quantity of the items that you ordered. Shall there be any change of the order quantities, we shall notify you in writing.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL AN ORDER
All orders placed under this Platform shall be fulfilled subject to its availability. We explicitly reserve the right of 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.
DATA CHECK
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 which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
TITLE TRANSFER
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 pass to you upon our delivery to the carrier.
PRICE/PAYMENT
PAYMENT METHODS
You shall pay your order using the payment methods as specified under this Platform. Please do not try to pay by any other way than specified under this Platform. You must not send in any cashes or cheques to us. We shall not be liable for loss of the payment or any other damages that may result from thereof.
PAYMENT PROCESSING
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.
PRICES AND CURRENCY
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 shipment 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 in 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 of any discrepancies for such currency conversion rate in your final payment.
YOUR TOTAL PRICE
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 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 of any discrepancies for such currency conversion rate in your final payment.
PRICE CHANGES
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.
Discounts and Discount Codes
All discount codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms of Sales and Terms of Use. The offer code must be entered into the Discount Code field on the Checkout page and applied for the discount to be deducted from the order.
Unless stated, discounts cannot be combined and only one offer can be applied to any order. It is also possible to have items which are excluded from the discounts and discount offers can be amended or withdrawn at any time by LAGOM Studios without notice. In case of any disputes, LAGOM Studios reserves the right of final decision.
SHIPPING & DELIVERY
DELIVERY – WHERE AND WHEN
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.
SPLIT DELIVERY
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.
IMPORT AND CUSTOM CLEARANCE
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.
INSPECTION UPON 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
CANCELLING ORDER BEFORE DELIVERY
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.
RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, we shall process refunds to you in accordance with our Return Policy. Please refer to our Return Policy for the information and procedure for details.
REFUND INFORMATION
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.
UNCONTROLLABLE EVENTS
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 disaster, 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:
1. 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.
LIMITATION OF LIABILITY
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.
