Standard Terms and Conditions for E-commerce (Internet Cyber Mall)
Standard Terms and Conditions No. 10023 (Revised on December 17, 2010)
Article 1 (Purpose)
These terms and conditions are intended to stipulate the rights, obligations, and responsibilities of the cyber mall ('Mall') operated by {Name} (hereinafter referred to as the "Operator of Electronic Commerce") and the users in using the internet-related services (hereinafter referred to as the "Service") provided by {Name}. ※ "These terms and conditions shall also apply to electronic commerce using PC communication, wireless communication, etc., unless it violates their nature."
Article 2 (Definitions)
1. "Mall" refers to a virtual business place established by JP Global Co., Ltd. company using information and communication facilities such as computers to enable transactions of goods or services (hereinafter referred to as "Goods, etc.") with users. It also refers to the operator of the cyber mall.
2. "User" refers to a member or non-member who accesses the "Mall" and receives the services provided by the "Mall" in accordance with these terms and conditions.
3. "Member" refers to an individual who provides personal information to the "Mall" for membership registration, continuously receives information from the "Mall," and can continuously use the services provided by the "Mall."
4. "Non-member" refers to a user who does not sign up for membership but uses the services provided by the "Mall."
Article 3 (Disclosure, Explanation, and Amendment of Terms and Conditions)
1. The "Mall" shall post on the initial service screen (front side) of JP Global Co., Ltd. Cyber Mall, in a manner that users can easily access, the contents of these terms and conditions, the name and representative's name of the company, the address of the business place (including the address where consumer complaints can be handled), telephone number, fax number, email address, business registration number, electronic commerce registration number, and personal information manager. However, the contents of the terms and conditions may be made available to users through a connection screen.
2. Before the user agrees to the terms and conditions, the "Mall" must provide a separate connection screen or pop-up screen to ensure that the user can understand important contents such as withdrawal of subscription, delivery responsibility, and refund conditions.
3. Within the scope not violating related laws such as the Electronic Commerce Consumer Protection Act, Act on Regulation of Terms and Conditions, Electronic Transactions Basic Act, Electronic Signature Act, Act on Promotion of Information and Communication Network Utilization, etc., the "Mall" may amend these terms and conditions.
4. In case of amending the terms and conditions, the "Mall" shall notify the users of the application date and the reason for the amendment along with the current terms and conditions on the initial screen of the Mall from 7 days before the application date to the day before the application date. However, in case of changing the terms and conditions to the disadvantage of users, the "Mall" shall give a minimum of 30 days prior notice. In this case, the "Mall" clearly displays the contents before and after the amendment, making it easy for users to understand.
5. If the "Mall" amends the terms and conditions, the amended terms and conditions shall apply only to contracts concluded after the effective date, and the terms and conditions before the amendment shall apply to contracts already concluded. However, if a user who has already entered into a contract wishes to apply the amended terms and conditions, and sends a request to the "Mall" for consent within the notice period of the amended terms and conditions under paragraph 3, the amended terms and conditions shall apply.
6. Matters not specified in these terms and conditions and matters regarding the interpretation of these terms and conditions shall be governed by the Electronic Commerce Consumer Protection Act, Act on Regulation of Terms and Conditions, Guidelines for Consumer Protection in Electronic Commerce, etc. as determined by the Fair Trade Commission and relevant laws or customs.
Article 4 (Provision and Amendment of Services)
1. The "Mall" performs the following tasks:
1. Providing information on goods or services and concluding purchase contracts
2. Delivering goods or services covered by purchase contracts
3. Other tasks designated by the "Mall"
2. In the event of goods or services being sold out or changes in technical specifications, the "Mall" may change the contents of goods or services to be provided under future contracts. In this case, the "Mall" shall immediately notify the changed contents of goods or services and the date of provision at the place where the current contents of goods or services are posted.
3. If the "Mall" changes the content of the services agreed upon in the contract with the user due to reasons such as the sale of goods or changes in technical specifications, the "Mall" shall immediately notify the user of such reasons to an address where notification is possible.
4. In the event of the preceding paragraph, the "Mall" shall compensate the user for any damages incurred. However, this shall not apply if the "Mall" proves that there was no intention or negligence on its part.
Article 5 (Suspension of Service)
1. The "Mall" may temporarily suspend the provision of services if there are reasons such as maintenance, replacement, or failure of information and communication equipment, or interruption of communication.
2. The "Mall" shall compensate users or third parties for any damages incurred due to the temporary suspension of service under the reasons specified in Paragraph 1. However, this shall not apply if the "Mall" proves that there was no intention or negligence on its part.
3. In the event that the service cannot be provided due to reasons such as a change in business type, abandonment of business, or integration between companies, the "Mall" shall notify users in accordance with Article 8 and compensate consumers according to the conditions initially provided by the "Mall." However, if the "Mall" has not notified the compensation criteria, it shall provide users with goods or cash equivalent to the currency value of mileage or accumulated points, as used by the "Mall."
Article 6 (Membership Registration)
1. Users apply for membership registration by filling out the membership information according to the registration form provided by the "Mall" and expressing their consent to this agreement.
2. The "Mall" registers users as members unless they fall under any of the following subparagraphs among those who have applied for membership registration as prescribed in paragraph 1:
1. In cases where the applicant for registration has previously lost membership status under Article 7, Paragraph 3 of this agreement; provided, however, that this shall not apply to those who have been reinstated as members by the "Mall" after three years have elapsed since the loss of membership status under Article 7, Paragraph 3. 2. In cases where there is false, omitted, or incorrect information in the registration details 3. In cases where registering as a member is significantly impeded due to technical reasons of the "Mall"
3. The time of establishment of the membership registration agreement shall be the moment when the "Mall's" acceptance reaches the member.
4. If there is any change in the registered information under Article 15, Paragraph 1, the member must immediately notify the "Mall" of such changes via email or other methods.
Article 7 (Withdrawal of Membership and Loss of Qualifications, etc.)
1. A member may request withdrawal from the "Mall" at any time, and the "Mall" shall promptly process the withdrawal of membership.
2. If a member falls under any of the following subparagraphs, the "Mall" may restrict or suspend the member's qualifications:
1. In case of registering false information at the time of application for membership 2. In case the member fails to pay the price of goods or other obligations owed to the "Mall" by the due date, related to the use of the "Mall" 3. In case the member disrupts the use of the "Mall" by others or steals their information, thereby threatening the order of electronic commerce 4. In case the member engages in acts prohibited by laws or this agreement, or acts contrary to public order and morals, using the "Mall"
3. After restricting or suspending the member's qualifications, if the same act is repeated two or more times or if the reason is not corrected within 30 days, the "Mall" may forfeit the member's qualifications.
4. In case the "Mall" forfeits the member's qualifications, the member's registration shall be cancelled. In this case, the "Mall" shall notify the member thereof and provide the member with an opportunity to explain for at least 30 days before cancelling the member's registration.
Article 8 (Notification to Members)
1. When the "Mall" notifies a member, it may be sent to the member's designated email address agreed upon in advance between the member and the "Mall."
2. In the case of notifying an unspecified number of members, the "Mall" may substitute individual notification by posting on the "Mall" bulletin board for more than one week. However, individual notification shall be provided for matters that significantly affect the member's transactions.
Article 9 (Purchase Application)
1. A "Mall" user applies for a purchase through the "Mall" in the following manner or similar methods, and the "Mall" shall provide the following information in an easy-to-understand manner when the user applies for a purchase. However, in the case of a member, the application of subparagraphs 2 to 4 may be excluded.
1. Search and selection of goods or services
2. Input of name, address, telephone number, email address (or mobile phone number), etc.
3. Confirmation of the contents related to terms and conditions, services with limited withdrawal rights, and costs such as delivery/installation fees
4. Agreement to this agreement and confirmation or refusal of the matters in subparagraph 3 (e.g., mouse click)
5. Confirmation of purchase application for goods or services and agreement to the confirmation of the "Mall"
6. Selection of payment method
Article 10 (Formation of Contract)
1. The "Mall" may not accept the purchase application pursuant to Article 9 under the following subparagraphs. However, in the case of contracting with a minor, the "Mall" must notify the minor or the legal guardian that the minor or legal guardian can cancel the contract if the legal guardian's consent is not obtained.
1. In case of false, omitted, or erroneous information in the application
2. In case a minor purchases goods or services prohibited by the Juvenile Protection Act, such as tobacco or alcohol
3. In case accepting the purchase application is deemed to significantly impede the "Mall's" technical operation
2. The contract is deemed to have been formed when the "Mall's" acceptance reaches the user in the form of a confirmation notice as described in Article 12, paragraph 1.
3. The "Mall's" acceptance shall include information regarding the confirmation of the user's purchase application, the availability of sale, and the correction or cancellation of the purchase application.
Article 11 (Payment Methods)
The payment methods for goods or services purchased from the "Mall" may be conducted through any of the following methods:
1. Various account transfers such as phone banking, internet banking, mail banking, etc.
2. Various card payments such as prepaid cards, debit cards, credit cards, etc.
3. Online bank transfers without the need for physical banking.
4. Payments through electronic currency.
5. Payment upon receipt of goods or services.
6. Payment through points provided by the "Mall" such as mileage.
7. Payment through gift vouchers contracted with the "Mall" or recognized by the "Mall."
8. Payment through other electronic payment methods recognized by the "Mall."
However, the "Mall" may not charge any additional fees under any pretext for the payment method chosen by the user.
Article 12 (Notice of Receipt Confirmation, Change, and Cancellation of Purchase Application)
1. The "Mall" shall send a notice of receipt confirmation to the user when there is a purchase application from the user.
2. Upon receiving the notice of receipt confirmation, if there is any discrepancy in the intention of the user, the user may immediately request a change or cancellation of the purchase application. The "Mall" must promptly process the request according to the user's request if it is made before the delivery. However, if the payment has already been made, it shall be subject to the provisions regarding withdrawal of subscription in Article 15.
Article 13 (Supply of Goods)
1. Unless otherwise agreed separately regarding the timing of supply of goods, the "Mall" shall take necessary measures such as ordering, production, packaging, etc., to deliver the goods within 7 days from the date the user placed the order. However, if the "Mall" has already received all or part of the payment for the goods, it shall take measures within 2 business days from the date of receiving all or part of the payment. At this time, the "Mall" shall take appropriate measures to allow the user to confirm the procedure and progress of the supply of goods.
2. The "Mall" shall specify the delivery method, the party responsible for bearing the delivery costs for each method, and the delivery period for each method for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, it shall compensate the user for any damages caused thereby. However, this shall not apply if the "Mall" proves that there was no intentional or negligent act.
Article 14 (Refund)
If the "Mall" cannot deliver or provide the goods requested by the user due to reasons such as being out of stock, it shall promptly notify the user of the reason and refund the payment received within 2 business days from the date of receiving the payment for the goods or take necessary measures for the refund.
Article 15 (Withdrawal of Subscription, etc.)
① The user who has entered into a contract with the "Mall" for the purchase of goods may withdraw the subscription within 7 days from the date of receiving the notification of receipt confirmation.
② If the user has received the goods, the user cannot return or exchange them in the following cases:
1. If the goods are lost or damaged due to the user's fault (however, the user can withdraw the subscription if the packaging is damaged to verify the contents of the goods).
2. If the value of the goods has significantly decreased due to the user's use or partial consumption.
3. If the value of the goods has significantly decreased to the extent that resale is difficult due to the passage of time.
4. If it is possible to duplicate the goods with the same performance, and the original packaging of the goods has been damaged.
③ In the cases of subparagraphs 2 to 4 of paragraph 2, if the "Mall" has not clearly indicated the limitation of withdrawal of subscription where the user can easily know or provided a trial product, etc., the withdrawal of subscription by the user shall not be restricted.
④ Notwithstanding the provisions of paragraphs 1 and 2, if the contents of the goods differ from the displayed or advertised contents, or if the contract is not performed as agreed, the user may withdraw the subscription within 3 months from the date of receiving the goods or within 30 days from the date when the user knew or could have known the fact.
Article 16 (Effects of Withdrawal of Subscription, etc.)
① If the "Mall" has received the goods or services returned by the user, it shall refund the price of the goods or services already received within 3 business days. In the event of delay in refunding the price of the goods or services to the user, the "Mall" shall pay the user the delayed interest calculated by multiplying the delay interest rate prescribed by the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc. by the delay period.
② In refunding the above price, if the user has paid the price of the goods or services by credit card or electronic money, etc., the "Mall" shall promptly request the business operator who provided the payment method to suspend or cancel the billing of the price of the goods or services.
③ In the case of withdrawal of subscription, etc., the user shall bear the necessary expenses for returning the supplied goods or services. The "Mall" shall not claim a penalty or damages from the user for the withdrawal of subscription, etc. However, if the withdrawal of subscription, etc. is made due to the goods or services being different from the displayed or advertised contents, or from the contract contents, the "Mall" shall bear the expenses necessary for returning the goods or services.
④ If the user has borne the shipping costs when receiving the goods or services, the "Mall" shall clearly indicate who will bear the cost in case of withdrawal of subscription, etc., to make it easily understandable for the user.
Article 17 (Protection of Personal Information)
1. The "Mall" collects the minimum information necessary for the performance of the purchase contract when collecting user information. The following items are required, and other items are optional:
1. Name
2. Resident registration number (for members) or foreigner registration number
3. Address
4. Telephone number
5. Desired ID (for members)
6. Password (for members)
7. Email address (or mobile phone number)
2. When the "Mall" collects personally identifiable information of users, it must obtain the consent of the users.
3. Provided personal information cannot be used for purposes other than the intended purpose or provided to third parties without the consent of the users, and all responsibilities regarding this lie with the "Mall." However, exceptions are made in the following cases:
1. When providing the minimum necessary information of users (name, address, telephone number) to the delivery company for delivery purposes
2. When necessary for statistical compilation, academic research, or market research, in a form that cannot identify specific individuals
3. When necessary for settlement of payments related to transactions of goods
4. When necessary for personal identification to prevent fraud
5. When unavoidable due to legal regulations or laws
4. When the "Mall" is required to obtain user consent according to paragraphs 2 and 3, it must specify or notify in advance the matters specified in Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., such as the identity of the personal information manager (affiliation, name, and telephone number), the purpose of collecting and using information, and matters related to the provision of information to third parties. Users can withdraw their consent at any time.
5. Users may request to access and correct any errors in their personal information held by the "Mall," and the "Mall" is obligated to take necessary measures without delay. Until the correction of the error requested by the user, the "Mall" will not use the personal information in question.
6. The "Mall" minimizes the number of administrators for the protection of personal information and takes full responsibility for any damages incurred by users due to the loss, theft, leakage, or alteration of users' personal information, including credit card and bank account information.
7. The "Mall" or third parties who have received personal information must promptly destroy the personal information once the purpose of collection or provision has been achieved.
Article 18 (Obligations of the "Mall")
1. The "Mall" shall not engage in acts prohibited by laws and regulations or contrary to public order and morals, and shall make every effort to continuously and stably provide goods or services in accordance with these Terms and Conditions.
2. The "Mall" must establish a security system to protect the personal information (including credit information) of users so that users can use internet services safely.
3. If the "Mall" causes damages to users by engaging in unfair labeling or advertising practices as specified in Article 3 of the Act on Fair Labeling and Advertising for goods or services, it shall be liable for compensation.
4. The "Mall" shall not send commercial electronic mails for profit-making purposes to users without their consent.
Article 19 (Obligations regarding Member's ID and Password)
1. Except as provided in Article 17, the responsibility for managing the ID and password lies with the member.
2. Members must not allow third parties to use their ID and password.
3. If a member becomes aware that their ID and password have been stolen or are being used by a third party, they must immediately notify the "Mall" and follow the instructions provided by the "Mall" if any.
Article 20 (Obligations of Users)
Users must not engage in the following actions:
1. Registering false information or making changes with false information.
2. Impersonating others.
3. Altering information posted on the "Mall."
4. Transmitting or posting information (including computer programs) other than the information specified by the "Mall."
5. Infringing upon the copyrights or other intellectual property rights of the "Mall" or third parties.
6. Damaging the reputation of the "Mall" or third parties, or interfering with their business operations.
7. Disclosing or posting obscene or violent messages, images, audio, or other information that violates public morals on the "Mall."
Article 21 (Relationship between Linked "Mall" and Linked "Mall")
1. In the case where a higher "Mall" and a lower "Mall" are connected through hyperlinks (e.g., hyperlinks may include text, images, and animations), the former is referred to as the linked "Mall" (website), and the latter is referred to as the linked "Mall" (website).
2. If the linked "Mall" clearly indicates on its initial screen or through a pop-up screen at the time of connection that it does not guarantee transactions conducted with users through goods or services provided independently by the linked "Mall," the linked "Mall" shall not be liable for the guarantee of such transactions.
Article 22 (Ownership and Restriction on Use of Copyright)
1. The copyright and other intellectual property rights to the works created by the "Mall" belong to the "Mall."
2. Users shall not replicate, transmit, publish, distribute, broadcast, or otherwise utilize for profit or allow third parties to use information obtained through the use of the "Mall" without prior consent from the "Mall" if such information is subject to intellectual property rights belonging to the "Mall."
3. If the "Mall" uses copyrighted works belonging to users pursuant to an agreement, the "Mall" must notify the user of such usage.
Article 23 (Dispute Resolution)
1. The "Mall" shall establish and operate a dispute resolution body to reflect legitimate opinions or complaints raised by users and to compensate for damages.
2. The "Mall" shall prioritize the handling of complaints and opinions submitted by users. However, if prompt processing is difficult, the "Mall" shall immediately notify the user of the reasons and processing schedule.
3. In the event of an e-commerce dispute between the "Mall" and a user, the user's request for relief of damages may be subject to mediation by a dispute resolution body commissioned by the Fair Trade Commission or by the governor of a city or province.
Article 24 (Jurisdiction and Applicable Law)
1. Lawsuits concerning e-commerce disputes between the "Mall" and users shall be under the exclusive jurisdiction of the local court with jurisdiction over the user's address at the time of filing the lawsuit. If the user's address is unclear or absent, the jurisdiction shall be determined by the court having jurisdiction over the user's residence. However, if the user's address or residence is not clear at the time of filing, or in the case of a foreign resident, the lawsuit shall be filed with the court having jurisdiction under the Civil Procedure Act.
2. Korean law shall apply to e-commerce lawsuits filed between the "Mall" and users.
