Terms and Conditions
Article 1 (Purpose)
The purpose
of the following Terms and Conditions of Use(‘T&C’) is to establish guidelines on rights,
duties and responsibilities of cybermall Users utilizing the internet-related services
(hereinafter referred to as the ‘Services’) provided by the cybermall (hereinafter
referred to as the ‘Mall’) operated by company (e-commerce company).
※ 『Unless transactions
contradict its properties, the following terms apply to e-commerce transactions utilizing
methods of PC communication, wireless and others』
Article 2 (Definition)
①‘Mall’ refers to a virtual business site established
by company to trade goods or services (hereinafter
referred to as ‘Goods and Services’) using computers and information communication facilities to
provide Goods and Services to Users. The term can also be defined as a company operating a
cybermall.
②‘User’ refers to a Member and Non-Member who has accessed the ‘Mall’ to use the
services provided by the ‘Mall’ in accordance with this T&C.
③‘Member’ refers to a User
who uses the services provided by the ‘Mall’ by subscribing for Membership.
④‘Non-Member’
refers to a User who uses the services provided by the ‘Mall’ without subscription.
Article 3 (Display, Explanation and Amendment of Terms and Conditions of
Use)
① The ‘Mall’ shall, for easy recognition by Users, display the contents of
this T&C, name of company and representative, business address(including an address handling
customer complaints), phone number, fax number, email address, business license number,
e-commerce permit number, and the name of personal information manager on the main page of the
‘Mall’. Only the content of this T&C can be displayed though a link page.
② Prior
to User’s final agreement to this T&C, the ‘Mall’ shall provide a separate link or pop-up
screen to obtain User’s verification on the terms of cancellation rights, delivery
responsibilities, refund conditions and other important details.
③ The ‘Mall’ may make
amendments within the permissible range without violating applicable laws such as the 「Act on
Consumer Protection in Electronic Commerce」, 「Regulation of T&C」, 「Framework Act on
Electronic Commerce and Electronic Document」, 「Electronic Financial Transaction Act」,
「Electronic Signature Act」, 「Act on Protection of Information and Promotion of Utilization of
Information and Communications Network」, 「Door-To-Door Sales Act」, 「Framework Act on Consumers」
and other related Consumer Protection Laws.
④ The ‘Mall’ shall specify the effective date and
the reasons for amendment of the terms and have post on the initial screen for 7 days prior to
effective date until the day before the effective date.
If the amendment is modified to the
User’s disadvantage, then the ‘Mall’ shall grant at least 30 days of grace period for notice. In
this case, the ‘Mall’ shall clarify the ‘before and after’ changes in an ‘easy-to-understand’
manner.
⑤ When the ‘Mall’ makes an amendment to the T&C, the modified T&C shall be
applied only to contracts concluded after the effective date, whereas all contracts concluded
before the effective date will remain under the provisions of the old T&C. However, if the
User who has already signed the contract wishes to have the amendments administered, then the
User may send his/her intent to the ‘Mall’ and acquire consent from the ‘Mall’ within the notice
period stated in Clause ③ and it shall be applied accordingly.
⑥ Any information not
specified and interpreted in this T&C shall be in accordance with the e-commerce Transaction
Guidelines and Related Consumer Protection Acts provided by the Fair Trade Commission and other
applicable Consumer Protection Laws and Regulation of T&C Act.
Article 4 (Provision & Replacement of Service)
① The ‘Mall’ shall perform
the following duties:
1. Provide information regarding Goods and Services and conclude
purchasing contracts.
2. Deliver Goods and Services on purchase contract.
3. Other
duties designated by the ‘Mall.’
② The ‘Mall’ may replace Goods and Services provided in
future T&C in the event that Goods and Services are sold out or technical specifications are
revised. In this case, the ‘Mall’ shall immediately announce the replacement of Goods and
Services and the date of application on the page where present Goods and Services are displayed.
③ In the event that Goods and Services are replaced because of a change in technical
specifications or when Goods and Services are sold out, the ‘Mall’ shall immediately notify the
cause of replacement to the addresses of the Users.
④ Following the previous Clause, the
‘Mall’ shall compensate for all damages caused. However, this shall not apply if the ‘Mall’
proves that such event is not caused by its intention or negligence.
Article 5 (Suspension of Service)
① The ‘Mall’ may temporarily suspend its
services as a result of the following reasons: maintenance of computers and telecommunications
equipment, replacement or damage repairs, and interruption of communication.
② The ‘Mall’
shall compensate User or any Third Party Member of damages caused by the temporary suspension of
services due to reason(s) detailed in Clause ①. However, this shall not apply if the ‘Mall’
proves that such event is not caused by its intention or negligence.
③ In the case of a
conversion of business item, abandonment of business, merging between businesses and for other
various reasons, the ‘Mall’ shall notify the consumer as specified in Article 8 and reward
consumer in accordance with the conditions suggested by the original ‘Mall.’ However, if the
‘Mall’ does not advise such standard of compensation, the ‘Mall’ shall pay Users for their
mileage or reserve in kind or cash of which value corresponds to the currency being used at the
‘Mall.’
Article 6 (Membership)
① The User shall apply for Membership by expressing
his/her intent to agree to this T&C after filling out the form designated by the ‘Mall’ with
Member’s personal information.
② The ‘Mall’ shall register all Users who apply for
Membership in the manner stipulated in Clause ① unless the User is not engaged in one of the
following issues:
1. After the applicant has lost Membership for reasons indicated in
Article 7 Clause ③, the applicant may acquire approval to re-subscribe for Membership three
years after the loss of Membership.
2. Entry of false information or omission in the
registration form.
3. If deemed that registering the User would present technical
difficulties to the ‘Mall.’
③ Establishment of Membership becomes effective at the time that
the Member receives the ‘Mall’s approval of Membership.
④ In due course of time, the Member
shall update the ‘Mall’ with any changes to his/her account information through the methods of
editing personal information.
Article 7 (Withdrawal from Membership & Loss of Eligibility)
① Members of
the ‘Mall’ may request, at any time, to withdraw from Membership and the ‘Mall’ shall
immediately process the request.
② The ‘Mall’ may limit or suspend Membership for the
following reasons:
1. Entry of false information or omission in the registration form.
2.
If the purchase payment of goods and other ‘Mall’ usage related liabilities have not been paid
for before the appointed date.
3. If Member interferes with others to use the ‘Mall’ or
threatens the order of e-commerce (such as the illegal use of personal information).
4. If
Member uses the ‘Mall’ to act against public order and morals prohibited by the law and this ‘T&C.’
③
The ‘Mall’ may forfeit Membership of the Member whose Membership was suspended or limited, if
the same actions are repeated twice or more, or if the cause is not corrected within 30 days.
④ When the ‘Mall’ forfeits Membership, all information will be cancelled. Prior to
cancellation, the ‘Mall’ shall notify the Member and give at least 30 days or more to grant an
opportunity to explain the cause.
Article 8 (Notification to Members)
① Any notifications from the ‘Mall’ will
be sent to the email address designated in advance by the Member during registration.
② In
the event of sending notifications to unspecified Members, a display of notifications on the
notice board on the website for 1 week or more may replace sending emails. However, the ‘Mall’
shall send individual notice to a Member in regards to matters which may have a significant
influence in his/her transaction.
Article 9 (Application for Purchase)
① The User shall apply for purchase in
the following or in a similar manner, and the ‘Mall’ shall provide the User with the following
information in an ‘easy-to-understand’ manner to aid in his/her request for purchase.
1.
Search and select Goods and Services
2. Enter name of recipient, address, phone number, email
address (or mobile phone number)
3. Confirm matter(s) in respect to the contents of this T&C,
limited cancellation policies, delivery fees, installation fees, and others
4. Express
agreement to this T&C and confirm or refuse the above Item 3 (ex. mouse click)
5.
Apply and confirm purchase of goods; Agree to allow confirmation of application from the
‘Mall’
6. Select payment method
② In case of an inevitable
need (for the ‘Mall’) to disclose∙consign consumer’s personal information to a third party, the
‘Mall’ shall obtain consumer’s consent at the time of applying for purchase. This consent is not
obtained in advance at the time of applying for Membership. At this time, the ‘Mall’ shall
specify to the consumer the provisions of personal information that are being disclosed,
information of the receiving party, purpose and intent of use and the duration of retention∙use.
But, consignment of personal information according to Clause ① of Article 25 in the 「Act on
Protection of Information and Promotion of Utilization of Information and Communications
Network」 shall comply with relevant laws and legislations in regards to affairs not mentioned in
the Act.
Article 10 (Conclusion of Contract)
① The ‘Mall’ may not accept request for
purchase in Article 9 if it falls under one of the following items. In the event of concluding a
contract with a minor, the ‘Mall’ shall notify that the failure to acquire agreement from a
legal representative may cause cancellation of the contract by the minor him/herself or the
legal representative.
1. Entry of false information or omission in the registration form
2.
Purchase of cigarettes and liquor and other Goods and Services prohibited by the Youth
Protection Law
3. If deemed that accepting application for purchase may cause technical
problems to the ‘Mall’
② The contract is deemed to be concluded when the acceptance of the
‘Mall’ is delivered to the User in the form stipulated in Clause ① of Article 12.
③ The
acceptance of the ‘Mall’ shall include confirmation on the User’s request for purchase,
availability of sales, and correction or cancellation of the request for purchase.
Article 11 (Payment Method)
The method of payment for Goods and Services
purchased through the ‘Mall’ may be selected from the following items. The ‘Mall’ may not
collect any additional fees regarding payment for Goods and Services.
1. Account transfer
through phone banking, internet banking, mail banking and others.
2. Card payment through
prepaid card, debit card, credit card, and others.
3. Online bank transfer
4. Electronic
money
5. Payment upon receipt
6. Mileage points or points offered by the ‘Mall’
7.
Gift voucher contracted or approved by the ‘Mall’
8. Other means of electronic payment
Article 12 (Notice of Receipt, Change and Cancellation of Application for
Purchase)
① The ‘Mall’ shall send a notice of receipt to the User after
receiving the User’s application for purchase.
② In the case of a discord between the User’s
intent and the received notice, the User may change or cancel the application for purchase
immediately after receipt. If the request for change or cancellation is made prior to delivery,
the ‘Mall’ shall process the request accordingly without any delay. In the event that payment
has already been made, User shall follow the guidelines detailed in Article 15 - Cancellation of
Purchase.
Article 13 (Provision of Goods and Services)
① Unless otherwise specified,
the ‘Mall’ shall take necessary measures such as customizing production and packaging and
deliver Goods and Services within 7 days from the date of purchase. However, if the ‘Mall’ has
already received payment in whole or in part, then delivery shall be processed within 3 business
days from the date of receipt. In such instances, the ‘Mall’ shall take necessary measures to
inform the User on procedures of provision and delivery status of Goods and Services.
② The
‘Mall’ shall specify delivery method, payer, and delivery time for each delivery method for the
Goods and Services purchased by the User. In the event that the ‘Mall’ exceeds the designated
period of delivery, it shall compensate the User for damages. However, this shall not apply if
the ‘Mall’ proves that such event is not caused by its intention or negligence.
Article 14 (Refund)
In the event that the Goods and Services are sold-out or
unavailable and cannot be provided or delivered to a User who applied for purchase, the ‘Mall’
shall notify the User without any delay, and if payment for Goods and Services has already been
made in advance, the ‘Mall’ shall take necessary measures or refund payment within 3 business
days from the date of receipt.
Article 15 (Cancellation of Purchase)
① The User who
purchased Goods and Services by concluding the contract with the ‘Mall’ in accordance to Clause
② of Article 13 in the 「Acts on Consumer Protection in Electronic Commerce」 may cancel purchase
within 7 days from the date on which the User received a written contract (if the written
contract is received later than the supply of Goods and Services, then the receipt date is set
on the date when User received the Goods and Services or when Goods and Services have been
supplied). But, cancellation of purchase according to 「Acts on Consumer Protection in Electronic
Commerce」 shall comply with relevant laws and legislations in regards to affairs not mentioned
in the Acts.
② The User may not return or exchange Goods and Services in the event of one of
the following reasons:
1. Delivered Goods lost or damaged at the fault of the User (however,
cancellation of purchase may be acceptable if packaging was damaged in the process of checking
content)
2. Significant decrease in value of Goods and Services due to partial use or
consumption by the User
3. Not available for resale due to a significant decrease in value of
Goods and Services from lapse of time
4. The Goods may be replaced by Goods showing the same
performance, but packaging of the original is damaged
③ In the case of items 2 or 4 of
Article 2 Clause ②, the cancellation of purchase by User will not be limited if the ‘Mall’
failed to clearly specify the fact that cancellation of purchase is limited or that it would
take necessary measures to provide the Goods.
④ Despite Clause ① and ②, the User may cancel
his/her purchase of goods within 3 months from the date of receipt of the goods or within 30
days from the date on which he/she recognized or could have recognized that Goods and Services
differ from the advertisement or the provision of contract.
Article 16 (Effect of Cancellation of Purchase)
① In the event of a return of
Goods from a User, the ‘Mall’ shall refund payment of Goods within 3 business days. In the event
of a delay in refund, the ‘Mall’ shall pay User with the interest calculated by the number of
days delayed with the overdue interest rate indicated on the 「Act on Consumer Protection in
Electronic Commerce」
② In regards to the above-mentioned case, if the User made payment of
Goods with credit card or electronic money, the ‘Mall’ shall immediately request the business
who provided such payment method to suspend or cancel payment.
③ In the event of any
cancellation of purchase, the User shall bear the costs arising from returning the Goods. On the
account of the User’s cancellation of purchase, the ‘Mall’ shall not claim charge for
cancellation or compensation for damage. However, in the event of a cancellation of purchase
caused by a discord in the contents of Goods and the advertisement or the provision of contract,
the ‘Mall’ shall bear the costs of returning the Goods.
④ If the User bore the delivery fees
when he/she received the Goods, the ‘Mall’ shall specify and make noticeable as to who would
bear the delivery fees upon cancellation of purchase.
Article 17 (Protection of Personal Information)
① The ‘Mall’ collects a
minimum amount of information necessary to provide the services.
② At the time of applying
for Membership, the ‘Mall’ shall not collect information needed for the performance of purchase
contract in advance. But, in the case where personal identification is required before the
performance of a purchase contract, a minimum amount of specified personal information is
collected for the fulfillment of obligation in regards to relevant laws and legislation.
③
The ‘Mall’ shall obtain consent from User to collect∙use personal information by notifying User
with the aim/purpose of collection∙use.
④ The ‘Mall’ shall not use the personal information
outside their intended purpose. In the event of an uprising of a new use or when disclosing to
third parties, the ‘Mall’ shall notify the purpose of use and obtain consent from User during
the stage of use disclosure. But, there are exceptions for cases regulated in the
relevant laws and legislations.
⑤ In the event that the ‘Mall’ is required to acquire the
approval of User by Clause ② and ③, the ‘Mall’ shall specify its personal information manager
(affiliation, name, phone number, other contact information), purpose of collection and use of
information, information about Third Party (recipient, purpose of provision and the information
to be provided), and the provisions stipulated in Clause ② of Article 22 of the 「Act on
Protection of Information and Promotion of Utilization of Information and Communications
Network」. The User may at any time cancel his/her approval.
⑥ User may, at any time, request
for confirmation and correction of error in their personal information possessed by the ‘Mall,’
and the ‘Mall’ shall be responsible for taking any necessary measures without any delay. In the
event that a User requests for the correction of an error, the ‘Mall’ shall not use the
applicable personal information until error is corrected.
⑦ For protection of personal
information, the ‘Mall’ shall limit the number of persons handling personal information to a
minimum, and shall be responsible for any damages caused by loss, theft, leakage, falsification,
and disclosure of personal information including credit card and bank account information to
third parties without consent of the User.
⑧ The ‘Mall’ or any Third Parties who received
personal information from the ‘Mall,’ shall without any delay destroy all personal information
once the purpose of collection has been achieved.
⑨ The ‘Mall’ shall not have the agreement
form regarding the collection∙use∙disclosure of personal information set to be filled out in
advance. The ‘Mall’ must specify services that will be restricted if User does not agree to the
collection∙use∙disclosure of personal information, and the ‘Mall’ shall not limit services or
refuse to accept Membership applications on the basis of User’s refusal to agree to
collecting∙using∙disclosing of personal information that do not include the collection of
compulsory information.
Article 18 (Obligations of the ‘Mall’)
① The ‘Mall’ shall not take any
actions against public policy or actions restricted by the law and this T&C. The ‘Mall’
shall put its best efforts in providing Goods and Services on a stable basis in accordance with
the provisions in this T&C.
② The ‘Mall’ shall be equipped with a security system to
protect personal information of Users (including credit information) and provide a safe
environment for Users to use the online services.
③ In accordance with Article 3 of the Law
related to 『Fairness of Display and Advertisement』, the ‘Mall’ shall be responsible to
compensate User(s) if damages were caused by displaying or adding unjust or unreasonable
advertisement for certain Goods and Services
④ The ‘Mall’ shall not send
any profit-making emails which are not wanted by Users.
Article 19 (Obligations for ID & Password of Member)
① Member shall be responsible for the
management of his/her ID and password, except for the case in Article 17.
② Member shall not
allow any Third Party to use his/her ID and password.
③ When a Member recognizes that his/her
ID and/or password is stolen or is being used by a Third Party, the Member shall immediately
notify the ‘Mall’, and follow the instructions of the ‘Mall.’
Article 20 (Obligations of User)
Users shall avoid the following actions:
1. Register false information at the time application or revision of information
2. Use
others’ personal information
3. Change information displayed on the ‘Mall’
4. Remit or
display information (computer program and others) other than the information put on by the
‘Mall’
5. Infringe copyright or intellectual property rights of the ‘Mall’ or the Third Party
6.
Take any action that harms the reputation and interrupts the operation of the ‘Mall’ or a Third
Party
7. Disclose or display any information containing indecent or violent message, video,
voice, and other information going against good public order and morals.
Article 21 (Relationship between Linking Mall & Linked Mall)
① In the
event that the main mall and the sub-mall are linked with a hyperlink (ex. the subject of
hyperlink includes text, image and video), the former is called as the Linking Mall (Website)
and the latter is called as the Linked Mall (Website).
② If the Linking Mall specifies and
notifies the fact that it is not responsible for any transaction with the User for any Goods and
Services independently provided by the Linked Mall on the initial page of the website of the
Linking Mall or a pop-up window, then the Linking Mall is not responsible for such transaction.
Article 22 (Copyright & Limitation of Use)
① The copyright and other
intellectual property rights for the works produced by the ‘Mall’ shall belong to the
‘Mall.’
② The User may not use or cause any Third Party to use information with intellectual
property rights belonging to the ‘Mall’ for reproduction, transmission, publishing,
distribution, broadcasting or other profit-making use without prior consent of the ‘Mall.’
③
The ‘Mall’ shall notify the User when using the copyright belonging to the applicable User in
accordance with mutual T&C.
Article 23 (Resolution of Dispute)
① The ‘Mall’ shall apply and reflect the
opinion or complaint made by User(s), and install and operate a process for compensation of
consumers’ damages.
② The ‘Mall’ shall give priority to any opinion or complaint made
by User(s). However, in the event that it may not be able to promptly deal with the matter, the
‘Mall’ shall notify the User with the cause and the final settlement schedule.
③ When a User
files for Remedy of Damage regarding a dispute between the ‘Mall’ and the User, the matter may
be commissioned for arbitration by the Fair Trade Commission or a Dispute Conciliation Services
Organization selected by the City Mayor.
Article 24 (Jurisdiction & Governing Law)
① All e-commerce related
lawsuits between the ‘Mall’ and a User shall be in accordance with the address of the User at
the time of indictment. If an address is nonexistent, then the lawsuit shall fall under
exclusive jurisdiction of the district court in the vicinity of User’s place of residence. In
the event that the address or residence of the User is not clear at the time of indictment or if
User is a foreign resident, the lawsuit shall be filed to the competent court on the Civil
Procedures Code.
② Any and all e-commerce-related lawsuits between the ‘Mall’ and a User
shall be governed by the law of the Republic of Korea.