Terms and Conditions of service
Article 1 (Purpose)
The purpose of the following Terms and Conditions of Use(‘JAOON’) 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 JAOON.
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.’
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)
① The ‘Mall’ shall, for easy recognition by Users,
display the contents of this JAOON, 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 JAOON can be displayed though a link page.
② Prior to User’s final agreement to this JAOON, 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 Consumer Protection
Laws, Regulation of JAOON 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.
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 JAOON,
the modified JAOON 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 JAOON. 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 JAOON 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 JAOON 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 JAOON 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.
⑤ 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.
② 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 JAOON 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 result in significant hindrances
to the ‘Mall.’
③ Establishment of Membership becomes effective at
the time that the Member receives the ‘Mall’s approval of Membership.
④ The Member shall immediately notify any changes in
his/her personal information to the ‘Mall in accordance with Article 15 Clause ① through email or other methods of communication.
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 ‘JAOON.’
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)
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 2 and 4 below.
1. Search and select Goods and Services
2. Enter name, address, phone number, email address (or mobile phone number)
3. Confirm matter(s) in respect to the contents of this JAOON, limited
cancellation policies, delivery fees, installation fees, and others
4. Express agreement to this JAOON 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
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 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.
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 2 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’ may cancel purchase within 7 days from
the date on which the User received the notice of receipt.
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 set by the Fair Trade
Commission.
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 execute the purchase contract with Users. The
following items are necessary information and others are optional.
1. Name
2. Address
3. Phone number
4. Preferred ID (for Members)
5. Password (for Members)
6. Email address (or mobile phone number).
② The ‘Mall’ must obtain approval from User when
collecting personal information used for identification/verification of User.
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:
1. For delivery of Goods, the ‘Mall’ provides the delivery service provider
with minimum information of User(name, address, phone number) to perform such
duty
2. For statistics, academic research or market research purposes, using the
information provided in a form where individuals are not identifiable
3. For transacting payment of Goods requiring personal information
4. For personal identification purposes to prevent illegal use of personal
information
5. For an inevitable case by regulation of law or legislation
④ 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 Law related to the Stimulation of Use of
Information and Communication Network & Information Protection. The User
may at any time cancel his/her approval.
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.
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.
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 18 (Obligations of the ‘Mall’)
① The ‘Mall’ shall not take any actions against
public policy or actions restricted by the law and this JAOON. The ‘Mall’ shall
put its best efforts in providing Goods and Services on a stable basis in
accordance with the provisions in this JAOON.
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 not:
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 JAOON.
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.
** Supplementary Provision (Effective Date)
This Jaoon shall be effective from September 1st, 2016.