Article 1 (Purpose) These Terms and Conditions are intended to regulate the rights, obligations, and responsibilities of the cyber mall and users in using the Internet-related services (hereinafter referred to as “Services”) provided by the cyber mall (hereinafter referred to as “Mall”) operated by the Company Company (e-commerce business operator).
※「These Terms and Conditions shall apply to e-commerce using PC communication, wireless communication, etc., unless they are in conflict with their nature.」
Article 2 (Definitions)
① “Mall” refers to a virtual business establishment set up by the Company Company to enable users to trade goods, etc. using information and communication equipment such as computers in order to provide goods or services (hereinafter referred to as “Goods, etc.”) to users, and is also used to refer to the business operator operating the cyber mall.
② “User” refers to members and non-members who access the “Mall” and receive services provided by the “Mall” in accordance with these Terms and Conditions.
③ “Member” refers to a person who has registered as a member of the “Mall” and can continuously use the services provided by the “Mall.”
④ ‘Non-member’ refers to a person who uses the services provided by the “Mall” without registering as a member.
Article 3 (Specification, explanation and revision of terms and conditions, etc.)
① “Mall” shall post the contents of these terms and conditions, the name and representative name, address of the business location (including the address of the place where consumer complaints can be handled), telephone number, facsimile number, e-mail address, business registration number, mail-order business report number, personal information management officer, etc. on the initial service screen (front) of the 00 Cyber Mall so that users can easily see them. However, the contents of the terms and conditions may be made available for users to view through a link screen.
② “Mall” shall obtain the user’s confirmation by providing a separate link screen or pop-up screen so that users can understand important contents stipulated in the terms and conditions, such as cancellation of subscription, delivery responsibility, refund conditions, etc., before users agree to the terms and conditions.
③ “Mall” may revise these Terms and Conditions to the extent that it does not violate related laws such as the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the Electronic Documents and Electronic Transactions Basic Act, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Door-to-Door Sales, etc., and the Consumer Protection Act.
④ When “Mall” revises the Terms and Conditions, it shall post the effective date and the reason for the revision on the Mall’s home screen along with the current Terms and Conditions from 7 days prior to the effective date to the day before the effective date. However, in case the contents of the Terms and Conditions are changed in a way that is disadvantageous to the user, it shall post a notice at least 30 days in advance. In this case, the “Mall” clearly compares the contents before and after the revision and displays them so that users can easily understand them.
⑤ If the “Mall” revises the terms and conditions, the revised terms and conditions will only apply to contracts concluded after the date of application, and the terms and conditions before the revision will be applied to contracts already concluded before that date. However, if a user who has already concluded a contract wishes to be subject to the revised terms and conditions and sends a notice to the “Mall” within the notice period for the revised terms and conditions under Paragraph 3 and receives the consent of the “Mall,” the revised terms and conditions will be applied.
⑥ Matters not specified in these terms and conditions and the interpretation of these terms and conditions shall be governed by the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the “Consumer Protection Guidelines in Electronic Commerce, etc.” established by the Fair Trade Commission, and related laws and regulations or customary practices.
Article 4 (Provision and Change of Services)
① The “Mall” performs the following tasks:
1. Provision of information on goods or services and conclusion of purchase contracts
2. Provision of information on goods or services for which a purchase contract has been concluded Delivery of services
3. Other tasks determined by the “Mall”
② In the event of a shortage of goods or services or changes in technical specifications, etc., the “Mall” may change the content of goods or services to be provided under a contract to be concluded in the future. In this case, the content of the changed goods or services and the date of provision shall be immediately announced in the place where the content of the current goods or services is posted.
③ In the event that the “Mall” changes the content of services that the user has contracted to provide due to reasons such as the shortage of goods, etc. or changes in technical specifications, etc., the “Mall” shall immediately notify the user of the reason at a notifiable address.
④ In the case of the preceding paragraph, the “Mall” shall compensate for any damages suffered by the user as a result. However, this shall not apply if the “Mall” proves that there was no intent or negligence.
Article 5 (Suspension of Services)
① The “Mall” may temporarily suspend the provision of services in the event of maintenance, inspection, replacement, and malfunction of information and communication equipment such as computers, or interruption of communication.
② “Mall” compensates for damages suffered by users or third parties due to temporary suspension of service provision for the reasons set forth in Paragraph 1. However, this does not apply if “Mall” proves that there was no intent or negligence.
③ If the service cannot be provided due to reasons such as change in business type, abandonment of business, or integration between companies, “Mall” shall notify users in the manner set forth in Article 8 and compensate consumers according to the conditions initially presented by “Mall.” However, if “Mall” does not notify users of the compensation criteria, etc., “Mall” shall pay users mileage or accumulated points, etc. in kind or in cash equivalent to the currency value used in “Mall.”
Article 6 (Membership Registration)
① Users apply for membership by filling out membership information in the registration form set forth by “Mall” and expressing their consent to these terms and conditions.
② “Mall” shall register users who apply for membership as set forth in Paragraph 1 as members unless they fall under any of the following items.
1. If the applicant has previously lost membership qualifications in accordance with Article 7, Paragraph 3 of these Terms and Conditions, however, this does not apply if 3 years have passed since the loss of membership qualifications in accordance with Article 7, Paragraph 3 and the “Mall” has approved the re-registration of membership.
2. If there are any false, omitted, or incorrect entries in the registration information
3. If it is determined that registering as a member significantly interferes with the technology of the “Mall”
③ The time of establishment of the membership contract is when the “Mall”’s approval reaches the member.
④ If there is a change in the information registered at the time of membership registration, the member must notify the “Mall” of the change within a reasonable period of time by means of modifying the member information, etc.
Article 7 (Withdrawal of membership and loss of qualifications, etc.)
① Members may request withdrawal from the “Mall” at any time, and the “Mall” will immediately process the withdrawal.
② If a member falls under any of the following reasons, the “Mall” may restrict or suspend membership qualifications.
1. If false information is registered when applying for membership
2. If the member does not pay the price of goods purchased using the “Mall” or other debts related to the use of the “Mall” by the due date
3. If the member threatens the order of e-commerce by interfering with another person’s use of the “Mall” or stealing information
4. If the member uses the “Mall” to commit acts prohibited by law or these Terms and Conditions or against public order and morals
③ If the “Mall” restricts or suspends membership and the same act is repeated more than twice or the reason is not corrected within 30 days, the “Mall” may revoke the membership.
④ If the “Mall” revoke the membership, the membership registration will be canceled. In this case, the member will be notified and given at least 30 days to explain before the cancellation of the membership registration.
Article 8 (Notice to Members)
① When the “Mall” notifies members, it may do so by sending an email address designated by the member in advance through an agreement with the “Mall.”
② In the case of notice to an unspecified number of members, the “Mall” may substitute individual notice by posting on the “Mall” bulletin board for more than one week. However, individual notices will be sent for matters that have a significant impact on the member’s own transactions.
Article 9 (Purchase Application)
① “Mall” users apply for purchases on the “Mall” by the following or similar methods, and the “Mall” must provide the following information in an easily understandable manner when users apply for purchases. 1. Search and select goods, etc.
2. Enter the recipient's name, address, phone number, email address (or mobile phone number), etc.
3. Confirm the terms and conditions, services with limited right of cancellation, and cost burden such as delivery and installation fees
4. Agree to these terms and conditions and confirm or reject the matters in item 3 above
(e.g., mouse click)
5. Purchase application for goods, etc. and confirmation thereof or consent to the confirmation of the "mall"
6. Select payment method
② If the "mall" needs to provide or entrust the purchaser's personal information to a third party, the purchaser's consent must be obtained at the time of the actual purchase application, and comprehensive consent is not obtained in advance at the time of membership registration. In this case, the "mall" must specify to the purchaser the personal information items provided, the recipient, the recipient's purpose of using the personal information, and the retention/use period. However, if there are other provisions in related laws, such as in the case of entrustment of personal information handling pursuant to Article 25, Paragraph 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., such provisions shall apply.
Article 10 (Establishment of Contract)
① The “Mall” may not accept a purchase application under Article 9 in the following cases. However, in the case of concluding a contract with a minor, the minor or the legal representative may cancel the contract if the consent of the legal representative is not obtained.
1. In the case of false, omitted, or incorrect information in the application
2. In the case of a minor purchasing goods or services prohibited by the Youth Protection Act, such as cigarettes or alcohol
3. In the case of the “Mall” determining that accepting other purchase applications significantly interferes with the technology
② The contract is deemed to be established when the “Mall’s” acceptance reaches the user in the form of a receipt confirmation notice under Article 12, Paragraph 1.
③ The “Mall’s” expression of acceptance includes confirmation of the user’s purchase application and the possibility of sale.
It must include information on whether, correction or cancellation of purchase request, etc.
Article 11 (Payment Method) Payment for goods or services purchased at the “Mall” may be made using any of the available methods listed below. However, the “Mall” cannot collect any additional fees under any name for the price of goods, etc. for the user’s payment method.
1. Various account transfers such as phone banking, internet banking, and mail banking
2. Various card payments such as prepaid cards, debit cards, and credit cards
3. Online bank transfer
4. Payment using electronic money
5. Payment upon receipt
6. Payment using points paid by the “mall” such as mileage
7. Payment using gift certificates that have been contracted with the “mall” or approved by the “mall”
8. Payment using other electronic payment methods, etc.
Article 12 (Notice of Confirmation of Receipt, Change and Cancellation of Purchase Application)
① When the “mall” receives a purchase application from a user, it sends the user a notice of confirmation of receipt.
② When a user who has received a notice of confirmation of receipt finds a discrepancy in the expression of intent, etc., the user may immediately request a change or cancellation of the purchase application after receiving the notice of confirmation of receipt, and the “mall” shall promptly process such request prior to delivery if requested by the user. However, if payment has already been made, the provisions of Article 15 on withdrawal of subscription, etc. shall apply.
Article 13 (Supply of Goods, etc.)
① Unless there is a separate agreement between the user and the “Mall” regarding the timing of supply of goods, etc., the “Mall” shall take necessary measures such as custom manufacturing, packaging, etc. so that the goods, etc. can be delivered within 7 days from the date the user made the application. However, if the “Mall” has already received all or part of the payment for the goods, etc., the “Mall” shall take measures within 3 business days from the date of receipt of all or part of the payment. In this case, the “Mall” shall take appropriate measures so that the user can check the supply procedure and progress of the goods, etc.
② The “Mall” shall specify the means of delivery, the party responsible for the delivery cost by means, and the delivery period by means for the goods purchased by the user. If the “Mall” exceeds the agreed delivery period, the “Mall” shall compensate the user for any resulting damages. However, this shall not apply if the “Mall” proves that there was no intent or negligence.
Article 14 (Refund) If the “Mall” cannot deliver or provide the goods, etc. that the user has requested to purchase due to reasons such as out of stock, it shall promptly notify the user of the reason and, if the payment for the goods, etc. has been received in advance, refund the payment within 3 business days from the date of receipt or take necessary measures for a refund.
Article 15 (Cancellation of subscription, etc.)
① A user who has entered into a contract with the “Mall” for the purchase of goods, etc. may cancel the subscription within 7 days from the date of receipt of the written contract in accordance with Article 13, Paragraph 2 of the Act on Consumer Protection in Electronic Commerce, etc. (if the supply of goods, etc. is made later than the date of receipt of the written contract, it shall refer to the date of receipt of the goods, etc. or the start of the supply of goods, etc.). However, if the Act on Consumer Protection in Electronic Commerce, etc. provides otherwise regarding cancellation of subscription, the provisions of the Act shall apply.
② If the user has received the goods, etc., he/she may not return or exchange them in the following cases:
1. If the goods, etc. are lost or damaged due to a reason attributable to the user (however, if the packaging, etc. is damaged in order to check the contents of the goods, etc., the subscription may be cancelled)
2. If the value of the goods, etc. is significantly reduced due to the use or partial consumption of the user
3. If the value of the goods, etc. is significantly reduced to the extent that resale is difficult due to the passage of time
4. If the original goods, etc. can be copied with goods, etc. of the same performance, if the packaging of the goods, etc. is damaged
③ In the case of subparagraphs 2 through 4 of paragraph 2, if the “mall” did not take measures such as indicating the fact that subscription cancellation, etc. is restricted in a place where the consumer can easily see it in advance or providing trial products, the user’s subscription cancellation, etc. is not restricted.
④ Notwithstanding the provisions of paragraphs 1 and 2, if the contents of the goods, etc. are different from the displayed or advertised contents or are performed differently from the contractual contents, the user may cancel the subscription, etc. within 3 months from the date of receipt of the goods, etc., or within 30 days from the date the user learned or could have learned of the fact.
Article 16 (Effect of Cancellation of Subscription, etc.)
① If the “Mall” receives a return of goods, etc. from a user, it shall refund the price of the goods, etc. already paid within 3 business days. In this case, if the “Mall” delays the refund of the goods, etc. to the user, it shall pay the delayed interest calculated by multiplying the delayed interest rate stipulated in Article 21-2 of the “Enforcement Decree of the Act on Consumer Protection in E-Commerce, etc.” by the delay period.
② When refunding the above amount, if the user paid the price of the goods, etc. using a payment method such as a credit card or electronic money, the “Mall” shall request the business operator who provided the payment method to suspend or cancel the claim for the price of the goods, etc. without delay.
③ In the case of cancellation of subscription, etc., the user shall bear the cost required to return the goods, etc. supplied. The “Mall” shall not claim a penalty or compensation for damages from the user due to cancellation of subscription, etc. However, if the contents of the goods, etc. are different from the displayed/advertised contents or are performed differently from the contract contents and the subscription is cancelled, etc., the cost required for returning the goods, etc. shall be borne by the “Mall”.
④ If the user pays the shipping cost when receiving the goods, etc., the “Mall” shall clearly indicate who will bear the cost when the subscription is cancelled so that the user can easily understand.
Article 17 (Personal Information Protection)
① When collecting the user’s personal information, the “Mall” collects the minimum amount of personal information necessary for providing the service.
② The “Mall” does not collect in advance the information necessary for the performance of the purchase contract when registering as a member. However, this does not apply when the minimum amount of specific personal information is collected in cases where identity verification is required prior to the purchase contract in order to fulfill obligations under relevant laws.
③ When collecting and using the user’s personal information, the “Mall” shall notify the user of the purpose and obtain consent.
④ The “Mall” shall not use the collected personal information for purposes other than the intended purpose, and when a new purpose of use arises or when providing it to a third party, the “Mall” shall notify the user of the purpose and obtain consent at the stage of use/provision. However, if the relevant laws provide otherwise, there are exceptions.
⑤ In cases where the “Mall” must obtain the user’s consent pursuant to Paragraphs 3 and 4, the identity of the person in charge of personal information management (affiliation, name, phone number, and other contact information), the purpose of collecting and using information, matters related to the provision of information to third parties (recipient, purpose of provision, and content of information to be provided), etc., as stipulated in Article 22 Paragraph 2 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.” must be specified or notified in advance, and the user may withdraw this consent at any time.
⑥ The user may request to view or correct errors in his/her personal information held by the “Mall” at any time, and the “Mall” is obligated to take necessary measures without delay. If the user requests correction of an error, the “Mall” shall not use the relevant personal information until the error is corrected.
⑦ “Mall” shall limit the number of persons handling the personal information of users to the minimum in order to protect personal information, and shall be fully responsible for any damage suffered by users due to loss, theft, leakage, provision to a third party without consent, alteration, etc. of the personal information of users, including credit card and bank account information.
⑧ “Mall” or a third party that has received personal information from it shall destroy the personal information without delay when the purpose of collection or provision of the personal information has been achieved.
⑨ “Mall” shall not set the consent box for collection, use, and provision of personal information as pre-selected. In addition, “Mall” shall specifically state the services that will be restricted if the user refuses to consent to the collection, use, and provision of personal information, and shall not restrict or refuse the provision of services, such as membership registration, due to the user’s refusal to consent to the collection, use, and provision of personal information that is not a mandatory collection item.
Article 18 (Obligations of “Mall”)
① “Mall” shall not engage in any acts prohibited by laws and regulations or these Terms and Conditions or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably in accordance with these Terms and Conditions.
② “Mall” must have a security system to protect users’ personal information (including credit information) so that users can safely use Internet services.
③ “Mall” shall be responsible for compensating users for damages incurred due to unfair labeling or advertising practices as defined in Article 3 of the Act on Fair Labeling and Advertising regarding products or services.
④ “Mall” shall not send users unsolicited commercial advertising e-mails.
Article 19 (Member’s Obligations Regarding ID and Password)
① Except for the cases in Article 17, members are responsible for managing their ID and password.
② Members shall not allow third parties to use their ID and password.
③ If a member becomes aware that his/her ID and password have been stolen or is being used by a third party, he/she shall immediately notify “Mall” and follow the instructions provided by “Mall”.
Article 20 (User’s Obligations) Users shall not perform the following acts:
1. Registration of false information when applying or changing
2. Theft of others’ information
3. Change of information posted on the “Mall”
4. Transmission or posting of information (such as computer programs) other than information specified by the “Mall”
5. Infringement of intellectual property rights such as copyrights of the “Mall” or other third parties
6. Acts that damage the reputation of the “Mall” or other third parties or interfere with their business
7. Acts of disclosing or posting obscene or violent messages, images, voices, or other information that is against public order and morals on the mall
Article 21 (Relationship between the linked “Mall” and the linked “Mall”)
① When the upper “Mall” and the lower “Mall” are connected by a method such as a hyperlink (e.g., the target of the hyperlink includes text, pictures, and moving images), the former is called the linked “Mall” (website) and the latter is called the linked “Mall”.
The linked “mall” (website) is called.
② If the linked “mall” clearly states on the initial screen of the linked “mall” or on a pop-up screen at the time of connection that it does not assume warranty responsibility for transactions between users and the linked “mall” regarding goods, etc. provided independently, it does not assume warranty responsibility for such transactions.
Article 22 (Attribution of Copyright and Restrictions on Use)
① The copyright and other intellectual property rights for works created by the “mall” belong to the “mall.”
② Users may not use information obtained by using the “mall” for profit purposes or allow third parties to use information for profit by means of reproduction, transmission, publication, distribution, broadcasting, or other methods without the prior consent of the “mall.”
③ The “mall” must notify the user in question when using the copyright belonging to the user according to the agreement.
Article 23 (Dispute Resolution)
① “Mall” establishes and operates a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and compensate for the damages.
② “Mall” gives priority to complaints and opinions submitted by users. However, if prompt processing is difficult, the user will be notified immediately of the reason and processing schedule.
③ In the event of a request for damage relief from a user in relation to an e-commerce dispute that has arisen between “Mall” and a user, the dispute may be subject to the mediation of a dispute resolution agency commissioned by the Fair Trade Commission or the city/provincial governor.
Article 24 (Jurisdiction and Governing Law)
① Litigation regarding e-commerce disputes that have arisen between “Mall” and a user shall be under the exclusive jurisdiction of the local court with jurisdiction over the user’s address at the time of filing, or if there is no address, the user’s residence. However, if the user’s address or residence is unclear at the time of filing or the user is a foreign resident, the case shall be filed with the competent court under the Civil Procedure Act.
② Korean law applies to e-commerce lawsuits filed between “Mall” and users.
