Standard Terms and Conditions for E-commerce (Internet Cyber Mall)
Standard Terms and Conditions No. 10023
(Revised on September 19, 2014)
Article 1 (Purpose) These terms and conditions are intended to prescribe the rights, obligations, and responsibilities of cyber malls and users in using Internet-related services (hereinafter referred to as "services") provided by cyber malls (hereinafter referred to as "malls") operated by companies (e-commerce operators).
※ "These terms and conditions shall also apply mutatis mutandis to e-commerce using PC communication, wireless, etc. as long as they are not contrary to their nature."
Article 2 (Definition)
① The term "mall" means a virtual place of business established by a company to trade goods, etc. using information and communication facilities such as computers in order to provide goods or services (hereinafter referred to as "goods, etc.") to users, and is also used in the meaning of a business operator operating a cyber mall.
② The term "user" means a member and non-member who accesses the "Mall" and receives the services provided by the "Mall" under these terms and conditions.
③ The term "member" means a person who has registered as a member in the "mall" and who can continuously use the services provided by the "mall".
④ The term "non-member" refers to a person who does not join a member and uses the services provided by the "mall".
Article 3 (Specification, explanation, and revision of terms and conditions, etc.)
① The "Mall" shall post the contents of these terms and conditions, the name of the trade name and representative, the address of the place of business (including the address of a place where consumers' complaints can be handled), the telephone number, the imitation transmission number, the e-mail address, the business registration number, the mail order business report number, the personal information management manager, etc. on the initial service screen (front) of the cyber mall so that users can easily recognize it. Provided, That the contents of the terms and conditions may be viewed by users through the connection screen.
② "Before users agree to the terms and conditions, the mall should provide a separate connection screen or pop-up screen so that users can understand important contents such as withdrawal of subscription, delivery responsibility, and refund conditions."
③ The "Mall" may amend these terms and conditions to the extent that they do not violate the relevant laws, such as the Consumer Protection Act in Electronic Commerce, the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Electronic Transactions, the Electronic Financial Transactions Act, the Electronic Signature Act, the Information and Communication Network Utilization Promotion and Information Protection Act, the Door-to-Door Sales Act, the Framework Act on Consumers, etc.
④ If "Mall" revises the terms and conditions, it shall be announced on the initial screen of the mall along with the current terms and conditions from 7 days before the application date to the day before the application date.
However, if the contents of the terms and conditions are changed unfavorably to the user, the notice will be made at least 30 days in advance.
Article 7 (Withdrawal of Membership and Loss of Qualifications, etc.)
① Members may request withdrawal from "Mall" at any time, and "Mall" will immediately process the withdrawal of membership.
② If a member falls under any of the following reasons, the "Mall" may restrict or suspend his/her membership.
1. Where false information is registered at the time of application for membership
2. Where the payment of goods, etc. purchased using the "Mall" and other debts borne by members in connection with the use of the "Mall" are not paid on the due date
3. Threatening e-commerce order, such as obstructing the use of other people's "moles" or stealing their information
4. Where an act that is prohibited by statutes or these terms and conditions or that is contrary to public order and morals is committed using the "mall"
③ After "Mall" restricts or suspends its membership, "Mall" may lose its membership if the same act is repeated more than twice or if the reason is not corrected within 30 days.
④ If the "mall" loses its membership, its membership registration will be canceled. In this case, the members will be notified and given an opportunity to explain for at least 30 days before the cancellation of membership registration.
Article 8 (Notification to Members)
① If "Mall" gives notice to the member, it may be an e-mail address designated by the member in advance by agreement with "Mall".
② "Mall" may be replaced by individual notifications by posting them on the "Mall" bulletin board for at least one week in the case of notifications to a large number of unspecified members: Provided, That individual notifications shall be made for matters that have a significant impact on the member's own transaction.
Article 9 (Application for Purchase)
① The "Mall" user shall apply for purchase on the "Mall" by the following or similar method, and the "Mall" shall provide the following information in an easy-to-understand manner when the user applies for purchase.
1. Search and selection of goods, etc
2. Enter your name, address, phone number, e-mail address (or mobile phone number)
3. Check the contents of the terms and conditions, the service with limited right to withdraw subscription, and the burden of costs such as delivery and installation costs
4. Indication of agreeing to these terms and conditions and confirming or rejecting the matters referred to in subparagraph 3. above
5. Application for purchase of goods, etc. and consent to confirmation of confirmation or "mall"
6. Selection of payment method
② Where it is necessary for the "Mall" to provide and entrust the personal information of the buyer to a third party, it shall obtain consent from the buyer at the time of actual purchase application, and shall not obtain comprehensive consent in advance when registering as a member. In this case, the "Mall" shall specify to the buyer the items of personal information to be provided, the person to be provided, the purpose of use of the personal information of the person to be provided, the period of possession and use of the person to be provided, etc.
However, if it is otherwise prescribed in the relevant statutes, such as in the case of entrustment to the handling of personal information under Article 25 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., it shall be followed.
Article 10 (Construction of Contract)
① The "Mall" may not accept a purchase application as in Article 9 if it falls under any of the following subparagraphs: Provided, That when concluding a contract with a minor, he/she shall notify the minor himself/herself or his/her legal representative may cancel the contract without obtaining the consent of the legal representative.
1. Where there is false, omission of entry, or misrepresentation in the contents of the application
2. Where a minor purchases goods and services prohibited by the Juvenile Protection Act, such as cigarettes and alcohol
3. Where it is deemed that consenting to other purchase applications is significantly hindered by the "mall" technology
② The contract is deemed to have been established when the consent of "Mall" reaches the user in the form of a notice of confirmation of receipt under Article 12 (1).
③ The expression of intention to accept the "Mall" shall include information on the confirmation of the user's purchase application, availability of sales, cancellation of correction of the purchase application, etc.
The payment method for goods or services purchased in Article 11 (Payment Method) "Mall" may be made by any of the following methods: Provided, That the "Mall" may not be collected by adding any nominal fee to the price of goods, etc. for the payment method of the user.
1. Transfer various accounts such as phone banking, Internet banking, e-mail banking, etc
2. Payment of various cards such as prepaid card, debit card, credit card, etc
3. Online deposit without a bankbook
4. payment by electronic money
5. Payment upon receipt
6. Payment based on points paid by "Mall", such as mileage
7. Payment by gift certificate signed with "Mall" or recognized by "Mall"
8. Payment, etc. by Electronic Payment Method
Article 12 (Notification of receipt confirmation, change and cancellation of purchase application)
① "Mall" notifies the user of the receipt confirmation when there is a purchase request from the user.
② A user who has received a notice of confirmation of receipt may request the change or cancellation of the purchase application immediately after receiving the notice of confirmation of intention, etc., and the "mall" shall be handled in accordance with the request of the user without delay if there is a request from the user prior to delivery: Provided, That where the payment has already been paid, the provisions concerning the withdrawal of subscription, etc. under Article 15 shall apply.
Article 13 (Supply of goods, etc.)
① The "Mall" shall take other necessary measures, such as custom-made, packaged, etc., so that the user can deliver the goods, etc. within seven days from the date of subscription, unless there is a separate agreement with the user on the timing of the supply of the goods, etc. Provided, That where the "Mall" has already received all or part of the price of the goods, etc., measures shall be taken within three business days from the date of receipt of the price in full or part. At this time, the "Mall" shall take appropriate measures so that users can check the procedures and progress of the supply of goods, etc.
② The "Mall" shall specify the means of delivery, the cost of delivery by means, and the delivery period by means for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, the user shall be compensated for the damage caused by it: Provided, That this shall not apply where the "Mall" proves that there is no intention or negligence.
Article 14 (refund) "Mall" shall notify the user without delay of the reason when the goods, etc. requested by the user are unable to be delivered or provided due to the reason of being out of stock, etc., and if the payment of the goods, etc. is received in advance, refund or take necessary measures for refund within three business days from the date of receipt of the payment.
Article 15 (Withdrawal of Subscription, etc.)
① A user who enters into a contract with the "Mall" for the purchase of goods, etc. may withdraw his/her subscription within seven days from the date on which he/she receives a document concerning the details of the contract under Article 13 (2) of the Consumer Protection Act on Electronic Commerce, etc. (referring to the date on which he/she receives the goods, etc. or the supply of goods, etc. begins).
However, if the withdrawal of subscription is otherwise stipulated in the Consumer Protection Act on Electronic Commerce, etc., the provisions of this Act shall be followed.
② When a user receives a shipment of goods, etc., he/she shall not return or exchange goods in any of the following cases.
1. Where goods, etc. are lost or damaged due to reasons responsible to the user ( Provided, That where packaging, etc. is damaged to confirm the contents of goods, etc., the subscription may be withdrawn)
2. Where the value of goods, etc. is significantly reduced due to the user's use or some consumption
3. Where the value of goods, etc. has significantly decreased to the extent that it is difficult to resell over time
4. Where the packaging of goods, etc., which is the original, is damaged if it can be reproduced with goods, etc. with the same performance
③ In the case of paragraph (2) 2 through 4, the withdrawal of subscription by the user is not restricted unless measures such as specifying in advance that the withdrawal of subscription is restricted or providing trial products are taken.
④ Notwithstanding the provisions of paragraphs (1) and (2), if the contents of the goods, etc. are different from the contents of the display and advertisement or are performed differently from the contents of the contract, the user may withdraw the subscription, etc. within three months from the date of receipt of the relevant goods, etc., or within 30 days from the date of knowing or knowing such fact.
Article 16 (Effect of Withdrawal of Subscription, etc.)
① The "Mall" shall refund the amount of goods, etc. already paid within three business days when goods, etc. are returned from the user. In such cases, when the "Mall" delays the refund of goods, etc. to the user, the delayed interest calculated by multiplying the delayed interest rate prescribed in Article 21-2 of the Enforcement Decree of the Consumer Protection Act in Electronic Commerce, etc. shall be paid.
② In refunding the above amount, "Mall" requests the business operator who provided the payment method to suspend or cancel the payment of the goods, etc., without delay, when the user pays the payment of the goods, etc. by means of payment such as credit card or electronic money.
③ In the case of withdrawal of subscription, etc., the user shall bear the expenses necessary for the return of the supplied goods, etc. The "Mall" shall not claim a penalty or compensation for damages from the user for withdrawal of subscription, etc. Provided, That if the contents of the goods, etc. are different from the contents of the indication and advertisement or are performed differently from the contents of the contract, the expenses necessary for the return of the goods, etc. shall be borne by the "Mall".
④ If a user pays for shipping when receiving goods, etc., "Mall" clearly indicates who pays for the cost when withdrawing the subscription so that the user can easily understand.
Article 17 (Personal Information Protection)
① "Mall" collects the minimum amount of personal information to the extent necessary to provide services when collecting users' personal information.
② The "Mall" shall not collect information necessary for the performance of the purchase contract in advance when signing up for membership: Provided, That this shall not apply to cases where identification is necessary prior to the purchase contract in order to fulfill the obligations under the relevant Acts and subordinate statutes, and where the minimum amount of specific personal information is collected.
③ When collecting and using the user's personal information, "Mall" shall notify the relevant user of the purpose and obtain consent.
④ The "mall" shall not use the collected personal information for any purpose other than its intended purpose, and where a new purpose of use occurs or is provided to a third party, the relevant user shall be notified of the purpose at the stage of use and provision and consent shall be obtained: Provided, That this shall not apply where otherwise provided for in the relevant statutes.
⑤ Where the "mall" requires the consent of the user pursuant to paragraphs (3) and (4), the identity of the person in charge of personal information management (affiliated, name and phone number, other contact information), the purpose of collecting and using information, and matters related to the provision of information to a third party (the recipient, the purpose of provision, and the contents of information to be provided), etc. shall be specified or notified in advance of the matters prescribed in Article 22 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the user may withdraw his/her consent at any time.
⑥ Users may request permission to view and correct errors in their personal information held by the "Mall" at any time, and the "Mall" is obligated to take necessary measures without delay. If a user requests correction of an error, the "Mall" shall not use the relevant personal information until the error is corrected.
⑦ In order to protect personal information, the "Mall" shall limit the person who handles the user's personal information to a minimum, and shall be liable for any damage to the user due to the loss, theft, leakage, third party provision without consent, tampering, etc. of the user's personal information, including credit cards, bank accounts, etc.
⑧ "Mall" or a third party who has received personal information therefrom shall destroy the personal information without delay when it achieves the purpose of collecting or receiving the personal information.
⑨ The "Mall" does not set the consent column for the collection, use, and provision of personal information as selected in advance. In addition, the service restricted when the user refuses to consent to collect, use, and provide personal information shall not be specifically specified, and the provision of services such as membership registration shall not be restricted or rejected due to the user's refusal to consent to collect, use, and provide personal information other than required collection items.
Article 18 (Obligation of "Mall")
① "Mall" shall not engage in any act prohibited by laws and regulations and these terms and conditions or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably as prescribed by these terms and conditions.
② "Mall" should have a security system to protect users' personal information (including credit information) so that users can use Internet services safely.
③ "Mall" shall be responsible for compensation if a user suffers any damage due to an unfair display and advertisement act prescribed in Article 3 of the Act on Fair Labeling and Advertising of Products or Services.
④ "Mall" does not send advertising e-mails for commercial purposes that the user does not want.
Article 19 (Obligation of Member's ID and Password)
① Except in the case of Article 17, members are responsible for the management of IDs and passwords.
② Members shall not allow third parties to use their ID and password.
③ If a member recognizes that his ID and password has been stolen or is being used by a third party, notify the "Mall" immediately and follow the "Mall" guidance.
Article 20 (Obligation of User) A user shall not.
1. Registration of false information upon application or change
2. theft of other people's information
3. Changes to information posted to "Mall"
4. Transmission or posting of information (computer program, etc.) other than information prescribed by "Mall"
5. "Mall" and other infringement of intellectual property rights such as copyright of third parties
6. "Mall" and other acts that damage the reputation of a third party or interfere with its work
7. Disclosure or posting of obscene or violent messages, videos, voices, and other information contrary to public order and morals on the mall
Article 21 (Relationship between the consolidated "mall" and the connected "mall")
① If the upper "mall" and the lower "mall" are connected by hyperlinks (e.g., targets of hyperlinks include letters, pictures, and fairytales), the former is referred to as the connection "mall" (website) and the latter is referred to as the connection "mall" (website).
② The "Mall" shall not be liable for the guarantee of the transaction if it is stated on the initial screen of the "Mall" or the pop-up screen at the time of connection that the connected "Mall" does not have the responsibility for the guarantee of the transaction with the user by the goods, etc. independently provided by the connected "Mall".
Article 22 (Restriction on the attribution and use of copyrights)
① Copyright and other intellectual property rights for works created by "Mall" belong to "Mall".
② The user shall not use the information to which intellectual property rights belong to the "Mall" among the information obtained by using the "Mall" for commercial purposes by means of reproduction, transmission, publication, distribution, broadcasting, or other means without prior consent of the "Mall".
③ "Mall" shall notify the relevant user when using the copyright attributable to the user according to the agreement.
Article 23 (Dispute Resolution)
① The "Mall" establishes and operates a damage compensation mechanism to reflect legitimate opinions or complaints raised by users and to compensate for the damage.
② "Mall" shall deal with complaints and opinions submitted by users preferentially: Provided, That if it is difficult to process them quickly, the user shall be notified of the reason and the schedule for processing immediately.
③ If there is an application for damage relief from the user in connection with an e-commerce dispute between the "Mall" and the user, the Fair Trade Commission or the Mayor/Do Governor may comply with the mediation of the dispute mediation agency.
Article 24 (Judicial Rights and the Application Law)
① A lawsuit regarding an e-commerce dispute between the "Mall" and the user shall be subject to the user's address at the time of filing, and if there is no address, it shall be under the exclusive jurisdiction of the district court having jurisdiction over the residence. However, if the address or residence of the user is not clear at the time of filing or if the resident is a foreign resident, it 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.
