Terms and Conditions of Use
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
2.1 ‘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.
2.2 ‘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.
2.3 ‘Member’ refers to a person who subscribes to become a Member by providing
personal information to the ‘Mall’ and receive information about the ‘Mall’ and
become a continual User of the services provided by the ‘Mall.’
2.4 ‘Non-Member’ refers to a User of services provided by the ‘Mall’
without subscription.
Article 3 Display, Explanation and
Amendment of Terms and Conditions of Use
3.1 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.
3.2 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.
3.3 The
‘Mall’ may make amendments within the permissible range without violating
applicable laws such as Consumer Protection Laws, Regulation of T&C Act,
e-commerce Transaction Act, Electronic Signature Act, Information and
Communication Network Promotion Act, Door-To-Door Sales Act, and other related
Consumer Protection Laws.
3.4 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.
3.5 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.
3.6 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 Reward Points Policy
4.1 You may earn Reward Points by purchasing goods, participating in various events on 'Mall'.
4.2 You can use your Reward Points for purchases on 'Mall'.
4.3 If the order is cancelled, or you fail to order the goods, then no Reward Points will be awarded in respect of order.
4.4 You have the ability to view and manage your Reward Points through your Member Account.
4.5 You can use Reward Points for future purchases. Reward points earned before every 31st of December will expire after Date of Expiration which is every 1st of February (In the following year). Also, Reward points will automatically expire upon cancellation of membership account of the 'Mall'.
4.6 The whole of part of the Reward Points cannot be redeemed for cash nor transferred by the third party.
4.7 The 'Mall' can amend Reward Point Policy at one's option. In reference to amend of Reward Points Policy, the 'Mall' will notify to member prior 30 days.
4.8 For deactivated members who don't log in their account within 1 year, earned reward points will be expired on the last day of every month.
Article 5 Provision & Replacement
of Service
5.1 The ‘Mall’ shall perform the following duties:
(a) Provide
information regarding Goods and Services and conclude purchasing contracts.
(b) Deliver Goods and Services on purchase contract.
(c) Other duties designated by the ‘Mall.’
5.2 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.
5.3 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.
5.4 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 6 Suspension of Service
6.1 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.
6.2 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 5.1. However, this shall not apply if the ‘Mall’ proves that such event
is not caused by its intention or negligence.
6.3 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 7 Membership
7.1 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.
7.2 The ‘Mall’ shall register all Users who apply for Membership in the manner
stipulated in Clause 6.1 unless the User is not engaged in one of the following
issues:
(a) After the applicant has lost Membership for reasons indicated in Article 7.3,
the applicant may acquire approval to re-subscribe for Membership three years
after the loss of Membership.
(b) Entry of false information or omission in the registration form.
(c) If deemed that registering the User would result in significant hindrances
to the ‘Mall.’
7.3 Establishment of Membership becomes effective at the time that the Member
receives the ‘Mall’s approval of Membership.
7.4 The Member shall immediately notify any changes in his/her personal
information to the ‘Mall in accordance with Article 15.1 through email or other
methods of communication.
Article 8 Withdrawal from Membership
& Loss of Eligibility
8.1 Members of the ‘Mall’ may request, at any time, to withdraw from Membership
and the ‘Mall’ shall immediately process the request.
8.2 The ‘Mall’ may limit or suspend Membership for the following reasons:
(a) Entry of false information or omission in the registration form.
(b) If the purchase payment of goods and other ‘Mall’ usage related liabilities
have not been paid for before the appointed date.
(c) If Member interferes with others to use the ‘Mall’ or threatens the order
of e-commerce (such as the illegal use of personal information).
(d) If Member uses the ‘Mall’ to act against public order and morals prohibited
by the law and this ‘T&C.’
8.3 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.
8.4 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 9 Notification to Members
9.1 Any notifications from the ‘Mall’ will be sent to the email address
designated in advance by the Member during registration.
9.2 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 10 Application for Purchase
The User shall apply for purchase in the following manner 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. However,
Members are exempt from items (b) and (f) below.
(a) Search
and select Goods and Services
(b) Enter name, address, phone number, email address (or mobile phone number)
(c) Confirm matter(s) in respect to the contents of this T&C, limited
cancellation policies, delivery fees, installation fees, and others
(d) Express agreement to this T&C and confirm or refuse the above Item 3
(ex. mouse click)
(e) Apply and confirm purchase of goods; Agree to allow confirmation of
application from the ‘Mall’
(f) Select payment method
Article 11 Conclusion of Contract
11.1 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.
(a) Entry of false information or omission in the registration form
(b) Purchase of cigarettes and liquor and other Goods and Services prohibited
by the Youth Protection Law
(c) If deemed that accepting application for purchase may cause technical
problems to the ‘Mall’
11.2 The contract is deemed to be concluded when the acceptance of the ‘Mall’
is delivered to the User in the form stipulated in Article 12.1.
11.3 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 12 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.
(a) Account transfer through phone banking, internet banking, mail banking and
others.
(b) Card payment through prepaid card, debit card, credit card, and others.
(c) Online bank transfer
(d) Electronic money
(e) Payment upon receipt
(f) Mileage points or points offered by the ‘Mall’
(g) Gift voucher contracted or approved by the ‘Mall’
(h) Other means of electronic payment
Article 13 Notice of Receipt, Change
and Cancellation of Application for Purchase
13.1 The ‘Mall’ shall send a notice of receipt to the User after receiving the
User’s application for purchase.
13.2 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.
Article 14 Provision of Goods and
Services
14.1 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 2 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.
14.2 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 15 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 3~5 business days from the date of receipt.
Article 16 Cancellation of Purchase
16.1 The User who purchased Goods and Services by concluding the contract with
the ‘Mall’ may cancel purchase within 7 days from the date on which the User
received the goods or notice of receipt.
16.2 The User may not return or exchange Goods and Services in the event of one
of the following reasons:
(a) 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)
(b)
Significant decrease in value of Goods and Services due to partial use or
consumption by the User
(c) Not
available for resale due to a significant decrease in value of Goods and
Services from lapse of time
(d) The Goods
may be replaced by Goods showing the same performance, but packaging of the
original is damaged
16.3 In the case of items 2 or 4 of Article 2.2, 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.
16.4 Despite Clause 15.1 and 15.2, 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 17 Effect of Cancellation of
Purchase
17.1 In the event of a return of Goods from a User, the ‘Mall’ shall refund
payment of Goods within 7~10 business days. In the event of a delay in refund,
the ‘Mall’ shall notify User with the cause of such delay immediately and do
utmost action to fulfill its responsibility.
17.2 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.
17.3 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.
17.4 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 18 Protection of Personal
Information
18.1 The ‘Mall’ collects a minimum amount of information necessary to execute
the purchase contract with Users. The following items are necessary information
and others are optional.
(a) Name
(b) Address
(c) Phone number
(d) Preferred ID (for Members)
(e) Password (for Members)
(f) Email address (or mobile phone number).
18.2 The ‘Mall’ must obtain approval from User when collecting personal
information used for identification/verification of User.
18.3 Personal information may not be used for any other purposes or be provided
to any Third Party without the approval of the User, and the ‘Mall’ shall be
responsible for any violation of the matter. Except for the following case
items:
(a) For delivery of Goods, the ‘Mall’ provides the delivery service provider
with minimum information of User(name, address, phone number) to perform such
duty
(b) For statistics, academic research or market research purposes, using the
information provided in a form where individuals are not identifiable
(c) For transacting payment of Goods requiring personal information
(d) For personal identification purposes to prevent illegal use of personal
information
(e) For an inevitable case by regulation of law or legislation
18.4 In the event that the ‘Mall’ is required to acquire the approval of User
by Clause 17.2 and 17.3, 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 Article 22.2 of the Law related to the Stimulation of Use of
Information and Communication Network & Information Protection. The User
may at any time cancel his/her approval.
18.5 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.
18.6 For protection of personal information, the ‘Mall’ shall limit the number
of managers and be responsible for any damages caused by loss, disclosure or
falsification of personal information of the User which includes credit card
and bank account information.
18.7 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.
Article 19 Obligations of the ‘Mall’
19.1 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.
19.2 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.
19.3 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
19.4 The ‘Mall’ shall not send any profit-making emails which are not wanted by
Users.
Article 20 Obligations for ID &
Password of Member
20.1 Member shall be responsible for the management of his/her ID and password,
except for the case specified in Article 17.
20.2 Member shall not allow any Third Party to use his/her ID and password.
20.3 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 21 Obligations of User
Users shall not:
(a) Register false information at the time application or revision of
information
(b) Use others’ personal information
(c) Change information displayed on the ‘Mall’
(d) Remit or display information (computer program and others) other than the
information put on by the ‘Mall’
(e) Infringe copyright or intellectual property rights of the ‘Mall’ or the
Third Party
(f) Take any action that harms the reputation and interrupts the operation of
the ‘Mall’ or a Third Party
(g) Disclose or display any information containing indecent or violent message,
video, voice, and other information going against good public order and morals.
Article 22 Relationship between
Linking Mall & Linked Mall
22.1 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).
22.2 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 23 Copyright & Limitation
of Use
23.1 The copyright and other intellectual property rights for the works
produced by the ‘Mall’ shall belong to the ‘Mall.’
23.2 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.’
23.3 The ‘Mall’ shall notify the User when using the copyright belonging to the
applicable User in accordance with mutual T&C.
Article 24 Resolution of Dispute
24.1 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.
24.2 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.
24.3 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 25 Jurisdiction &
Governing Law
25.1 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.
25.2 Any and
all e-commerce-related lawsuits between the ‘Mall’ and a User shall be governed
by the law of the Republic of Korea.
**
Supplementary Provision (Effective Date)
This T&C shall be effective from 1st of February, 2011.