E-commerce (Internet Cyber Mall) Standard Terms and Conditions
Standard Agreement No. 10023 (June. 26. 2015. Revised)
Article 1 (Purpose)
The purpose of the following terms and conditions of use is to establish guidelines on rights, duties and responsibilities of cybermall users making use of the internet-related services (hereinafter referred to as the “Services”) provided by the CHEONWONSA cybermall (hereinafter referred to as the “Mall”) operated by CHEONWONSA (e-commerce company).
※「Unless transactions contradict the properties thereof, the following terms apply to e-commerce transactions utilizing methods of communication including PC communication, wireless and others.」
Article 2 (Definitions)
① Mall refers to the virtual business site established by CHEONWONSA 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 or a Non-Member who has accessed the Mall to use the Services provided by the Mall in accordance with these terms and conditions.
③“Member” refers to a person who uses the Services provided by the Mall by subscribing for its membership.
④“Non-Member” refers to a person who uses the Services provided by the Mall without a subscription.
Article 3 (Display, Explanation and Amendment of Terms and Conditions of Use)
①The Mall shall, for easy recognition by Users, display at all times the contents of these terms and conditions, which may be displayed through a linked page. The name of the company and its representative, its business address (including the address of a place that can handle consumer complaints), telephone number, fax number, email address, business license number, e-commerce permit number, and name of the personal information manager shall be displayed on the main page (front page) of the Mall.
②Prior to User’s final agreement to these terms and conditions, 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.
③The Mall may make amendments within the permissible range without violating applicable laws such as the 「Act on Consumer Protection in Electronic Commerce」, 「Regulation of Terms and Conditions」, 「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.
④The Mall shall specify the effective date and the reasons for any amendment of these terms and have it posted on the initial screen for seven days prior to the effective date of the amendment. Ifthe amendment is a modification to the User’s disadvantage, then the Mall shall post the contents of the changes for a period of at least 30 days before the effective date of the change. In this case, the Mall shall clarify the before and after changes in an easy to understand manner.
⑤When the Mall makes an amendment to the terms and conditions, the modified terms and conditions shall be applied only to contracts entered into after the effective date, whereas all contracts concluded before the effective date will remain under the provisions of the old terms and conditions. However, if a User who has already signed the contract wishes to have the amendments apply, then the User may send his/her intent to the Mall and acquire consent from the Mall within the notice period stated in Clause ④ and it shall be applied accordingly.
⑥Any conditions not specified or interpreted in these terms and conditions 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 regulations regarding terms and conditions
Article 4 (Provision & Replacement of Service)
① The Mall shall perform the following tasks:
1. Providing information regarding Goods and Services and concluding purchase contracts.
2. Delivery of Goods and Services included purchase contracts.
3. Other duties designated by the Mall.
② In the event that Goods and Services are sold out or technical specifications are revised, the Mall may replace Goods and Services provided in subsequent terms and conditions. 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 any damages caused by the replacement. 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, or interruption of communication.
② The Mall shall compensate Users or any Third Party Members 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 items, abandonment of business, merging between businesses or 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 A User shall apply for Membership by expressing his/her intent to agree to these terms and conditions 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 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 Malls approval of Membership.
④In case that Member information need to be changed, in due course of time, the Member shall update the Mall with any changes to his/her account information through the methods provided for 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 payment for purchase of goods and other Mall usage related liabilities have not been made before the appointed date.
3. If Member interferes with others’ use of the Mall or threatens the order of e-commerce with such actions as the illegal use of personal information.
4. If Member uses the Mall to act against public order and morals or engages in actions prohibited by law or by theses Terms and Conditions.
③ The Mall may terminate Membership of a 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 terminates a Membership, all information related to that Membership will be deleted. Prior to deletion, the Mall shall notify the Member and give the Member at least 30 days 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 each Member during registration.
② In the event of sending notifications which apply to all Members in general, a display of notifications on the notice board on the website for one week or more may replace sending emails. However, the Mall shall send individual notice to Members in regards to matters which may have a significant influence on his/her transactions.
Article 9 (Application for Purchase and Consent regarding Personal Information)
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 these terms and conditions, limited cancellation policies, delivery fees, installation fees, etc.
4. Express agreement to these terms and conditions and confirm or refuse the items in section 3 above.
5. Apply and confirm purchase of goods or agree to allow confirmation of application from the Mall
6. Select payment method
② In the case that the Mall has the unavoidable need to disclose consumer’s personal information to a third party,
1) the Mall shall obtain consumer’s consent to provide such information 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 as follows:
2) Party receiving the personal information
3) Purpose of the use by the party receiving the personal information
4) Items of personal information to be provided
③ When the Mall entrusts the personal information of the buyer to a third party to handle, the Mall shall receive consent from the buyers and notify them of
1) the party receiving the personal information
2) the tasks to be completed by the party receiving the personal information
(The same thing will also apply if there is any change in the situation for which consent has been given.)
Article 10 (Establishment of Contract)
① The Mall may refuse a 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 of the User’s request for purchase, availability of sales items, and/or correction or cancellation of the request for purchase.
Article 11 (Methods of Payment)
The method of payment for Goods and Services purchased through the Mall may be selected from the following methods. The Mall may not collect any additional fees regarding payment for Goods and Services.
1. Account transfer through phone banking, internet banking, mail banking or other method.
2. Card payment through prepaid card, debit card, credit card, or other type.
3. Online bank transfer
4. Payment by electronic currency
5. Payment upon receipt
6. Bonus 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 or 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 disagreement between the User’s intended purchase and the contents of the received notice, the User may change or cancel the application for purchase immediately after receipt of the notice. 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 delivering Goods and Services within seven 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 three business days from the date of receipt. In such instances, the Mall shall take necessary measures to inform the User on the procedures of provision and delivery status of Goods and Services.
② The Mall shall specify the delivery method, party responsible for paying the delivery cost, 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, Mall shall compensate the User for damages. However, this shall not apply if Mall proves that such event is not caused by its intention or negligence.
Article 14 (Refunds)
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 delay, and if payment for Goods and Services has already been made in advance, the Mall shall take necessary measures to refund payment within three
Article 15 (Cancellation of Purchase and related matters)
① A 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 seven 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). However, cancellation of purchase according to 「Acts on Consumer Protection in Electronic Commerce」 shall also 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 applies:
1. Delivered Goods were lost or damaged due to the fault of the User (however, cancellation of purchase may be acceptable if packaging was damaged in the process of checking contents)
2. Significant decrease in value of Goods and Services due to partial use or consumption by the User
3. Not suitable for resale due to a significant decrease in value of Goods and Services from lapse of time
4. Goods have been replaced by Goods of the same specifications, but packaging of the original is damaged
③ In the case of items 2 or 4 of 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 three 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 on Cancellation of Purchase)
① In the event of a return of Goods from a User, the Mall shall refund payment of Goods within three business days. In the event of a delay in refund, the Mall shall pay User interest calculated by the number of days of delay at the overdue interest rate indicated in the 「Act on Consumer Protection in Electronic Commerce」
② In regards to the above-mentioned case, if the User made payment for 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 disagreement 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 give notice 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 that a new use arises, 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 as 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 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 the correction of an error, the Mall shall not use the applicable personal information until the 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 an agreement form regarding the collection/use/disclosure of personal information set up 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 that go against public policy or any actions restricted by the law or these terms and conditions. The Mall shall make its best effort to provide Goods and Services on a stable basis in accordance with the provisions in these terms and conditions.
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 inaccurate 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 regarding IDs & Passwords of Member)
① Member shall be responsible for the management of his/her ID and password, except for any case covered by 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 has been 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. Registering false information at the time of application or revision of information
2. Using the personal information of others
3. Changing information displayed on the Mall
4. Transmitting or displaying information (computer programs or other) other than the information posted by the Mall
5. Infringe copyright or intellectual property rights of the Mall or any Third Party
6. Take any action that harms the reputation or interrupts the operation of the Mall or a Third Party
7. Disclose or display any information containing any indecent or violent message, video, voice, or other information that goes against good public order and morals.
Article 21 (Relationship between Linking Mall & Linked Mall)
① In the event that the main mall has any sub-malls linked with a hyperlink (ex. A hyperlink with a subject that includes text, image and/or video), the former will be referred to as the Linking Mall (Website) and the latter will be referred to 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 Users when using any copyright belonging to the applicable User in accordance with mutual terms and conditions.
Article 23 (Resolution of Disputes)
① The Mall shall apply and reflect any 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 of the delay 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 lawsuits related to e-commerce between the Mall and a User shall be conducted 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 under 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.