Article 1
(Purpose)
This
Agreement aims at stipulating rights, obligations and responsibilities of the
Online Mall (hereinafter referred to as the "Mall") and the User in
respect of the use of internet-related services provided by the Mall
(hereinafter referred to as the "Service") in the operation of CHAENY, inc. (e-commerce business).
「In
addition, this Agreement shall be applied to the e-commerce using PC
communication, mobile, et cetera, unless it is not against the its nature.」
Article 2 (Definition)
①
"Mall" means the virtual business place on which the Company set for
transacting goods and services by using information and communication
facilities such as computer so that it may provide goods and services
(hereinafter referred to as “Goods and Services” to the User. The term is also used as a business operating a cyber
mall.
②
"User" means a member or a non-member who uses Service provided by
the “Mall” in accordance with
this Agreement through the access to the "Mall".
③ “Member” means a person who subscribed the membership by providing his or
her personal information to the "Mall", for which the member may be
informed of the "Mall" on a continuous basis and use the Service
offered by the “Mall”.
④ “Non-Member” means a person who use the Service offered by the “Mall” not subscribing to the membership.
Article 3 (Display, Explanation & Modification of User
Agreement)
①
The "Mall" shall, for easier recognition by Users, display the
contents of this Agreement, name of company and president, business address
(including the address where customer complaints may be treated), telephone
number, fax number, email address, business registration number, mail-order
business registration number, staff in charge of privacy management, et cetera
on the initial service page of the cyber mall. Notwithstanding the foregoing,
the contents of this Agreement may be exposed to Users through a link page.
②
The "Mall” shall obtain the confirmation of a User
for important matters such as cancellation of purchase, delivery obligation,
refund terms, et cetera through a separate link page or pop-up window before
the User agrees on this Agreement so that the User may understand such
important matters.
③
The "Mall" may modify this Agreement within the extent that it does
not violate applicable laws, e.g. the Law related to Protection of Consumer on
E-commerce, Et Cetera, the Law related to Limitation of Agreement, Basic Law of
Electronic Transaction, Electronic Signature Law, the Law related to Stimulation of Use of
Information and Communication Network & Information Protection, the
Law related to Call Sales, Et Cetera, the Consumer Protection Law, et cetera.
④ In
the event of any modification of this Agreement, the announcement stipulating
the date of application and the cause of modification shall be displayed on the
initial page from 7 days prior to the date of application to the previous day
of the same date. Notwithstanding the foregoing, in the event that such
modification becomes disadvantageous Users, such modification shall be
announced at least 30 days prior to the date of application. The announcement
shall include a table specifying the modification on a before-and-after basis
for easier understanding of Users.
⑤ In
the event of any modification of this Agreement, the modified Agreement shall
be applied only to the contracts to be concluded after the date of application,
whereas the provisions of this Agreement prior to the modification shall be
applied to the contracts which have been previously concluded prior to the same
date. Notwithstanding the foregoing, in the event that a User who already
entered into the Contract sends his or her intent to be applied by the
provisions of the modified Agreement to the “Mall” within the period of announcement for the modification of this
Agreement in accordance with Clause ③ and acquires the
approval of the "Mall", the provisions of the modified Agreement
shall be applied accordingly.
⑥
The matters not stipulated herein and the interpretation of this Agreement
shall be in accordance with the Law related to Protection of Consumer on
E-commerce, Et Cetera, the Law related to Limitation of Agreement, the Consumer
Protection Policy on E-commerce, Et Cetera stipulated by the Fair Trade Commission,
and other applicable laws and commercial practices.
Article 4
(Provision & Replacement of Service)
①
The "Mall" shall perform the following duties:
1. Provision
of information regarding product or service and conclusion of purchase
contracts
2. Delivery
of product or service on purchase contract
3. Other
duties designated by the "Mall"
②
The “Mall” may replace product
or service provided by the contract to be concluded in the event that product
or service is sold out or technical specifications are changed. In this case,
the “Mall” shall immediately
announce the replacement of the product or service and the date of application
on the page where the present product or service is displayed.
③ In
the event that product or service on the contract with a User needs to be
replaced because the product or service is sold out or technical specifications
are changed, The “Mall” shall
immediately notify the cause to the address of the User.
④ In
the event of the occurrence of the previous clause, the “Mall” shall compensate the User for damages.
Notwithstanding the foregoing, 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 the provision of Service in the event of any repair, inspection,
replacement, breakdown of information and communication equipment such as
computers, or interruption of communication.
②
The “Mall” shall compensate
User or 3rd party for damages caused by the temporary
suspension of provision of Service due to the cause(s) in Clause ①. Notwithstanding the foregoing, this
shall not apply if the “Mall”
proves that such event is not caused by its intention or negligence.
③ In
the event of any unavailability of provision of Service due to the conversion
of business item, abandon of business, integration between businesses, et
cetera, the “Mall” shall notify
the fact to Users in the manner stipulated in Article 8, and compensate
consumers in accordance with the conditions which are initially suggested by
the “Mall”. Notwithstanding the
foregoing, in the event that the “Mall” has not notified the criteria for 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 the membership by expressing his or her intent to
agree on this Agreement after filling out the form designated by the “Mall” with the member information.
②
The “Mall” shall register the
User who applied for the membership in the manner stipulated in Clause ① as a Member provided that the User is not engaged in one of the
following items. In the event that:
1. the
applicant ever lost its membership in the past in accordance with Clause 3 of
Article 7 of this Agreement. Notwithstanding the foregoing, this shall not
apply to those acquired the approval of the “Mall” for
re-subscription of the membership since 3 years has passed from the date of
loss of membership in accordance with Clause 3 of Article 7 of this Agreement;
2. there is
false information or omission in the registered contents; or
3. the “Mall” deems that
the applicant may cause significant inconvenience to be registered as a Member.
③
The Membership shall be effective at the time that the Member receives the
approval of the “Mall”.
④
The Member shall notify any change of its information to the “Mall” in accordance with Clause 1 of Article
15 through email or other communication method.
Article 7
(Withdrawal from Membership & Loss of Eligibility)
①
The Member may at any time request for the withdrawal from its membership to
the “Mall”, and the “Mall” shall proceed with the withdrawal on
the request of the Member.
② In
the event that a Member is engaged in one of the following items, the “Mall” may limit or suspend the eligibility
of the Member. In the event that the Member:
1. registered
false information at the time of the application for membership;
2. has not
paid the price of goods it purchased through the “Mall” or other
liability borne by the Member in respect of the use of the “Mall”;
3. interrupts
others to use the “Mall” or threats the order of e-commerce,
e.g. illegal of personal information; or
4. takes any
action being against the laws, this Agreement and good public order and
customers by using the “Mall”.
③
The “Mall” may cancel the
membership of the Member whose membership was suspended or limited, and
repeated the same action twice or more, or the cause is not corrected within 30
days.
④ In
the event of the cancellation of membership, the “Mall” shall notify it to the Member, and give the Member 30 days or more
to grant an opportunity to explain the cause prior to the cancellation.
Article 8
(Notification to Members)
① In
the event of any notification of the “Mall” to a Member, it may be delivered via an email address designated by
the Member through the agreement with the “Mall”.
②
The “Mall”, in the event of the
notification to unspecified Members, may replace individual notification by
displaying such notification on the board linked in the website of the “Mall” for 1 week or more. Notwithstanding
the foregoing, the “Mall” shall
give individual notice to a Member in respect of any matter which may have a
significant influence on the Member regarding his or her transaction.
Article 9
(Request for Purchase)
The User
shall apply for purchase in accordance with the following manner or other
similar manner at the “Mall”, and the “Mall” shall provide the User with the following information in the form
which the User may easily understand in his or her request for purchase.
Notwithstanding the foregoing, the Member may be exempted from the application
of Item 2 or Item 4 below.
1. Search and
selection of goods, et cetera;
2. Entering
name, address, telephone number, email address (or mobile phone number);
3.
Confirmation of matter(s) in respect of the contents of this Agreement, the
service(s) of which right of cancellation of purchase is limited, obligation of
delivery fees and installation fees, et cetera;
4. Expression
to agree on this Agreement, or confirm or refuse the Item 3 above (e.g. mouse
click);
5.
Application for purchase of goods and confirmation of such application, or
agreement on the confirmation of the “Mall”; or
6. Selection
of payment method.
Article 10
(Conclusion of Contract)
①
The “Mall” may not accept the
request for purchase in Article 9 if it falls one of the following items..
Notwithstanding the foregoing, in the event of the conclusion of contract with
a minor, the “Mall” shall
notify that the failure to acquire the agreement of the legal representative
may cause the cancellation of the contract by the minor him(her)self or the
legal representative. In the event that:
1. there is
false information or omission in the registered contents;
2. the minor
purchase any product or service restricted in the Youth Protection Law, e.g.
cigarette or liquor;
3. the “Mall” deems that
the applicant may cause significant inconvenience to accept the application for
purchase; or
②
The contract is deemed to be concluded when the acceptance of the “Mall” is delivered to the User in the form
of the confirmation of receipt stipulated in Clause 1 of Article 12.
③
The acceptance of the “Mall”
shall include the information such as confirmation of the application for
purchase of the User, availability of sales, and correction or cancellation of
the application for purchase.
Article 11
(Payment Method)
The method of
payment for a product or service purchased through the “Mall” may be
selected among the following items. Notwithstanding the foregoing, the “Mall” may not collect any additional fees on
the amount of the product or service.
1. Card Payment by Paypal, e.g. Visa, Master, Discover, Amex, ...
2. Point
offered by the “Mall”, e.g. mileage, coupon
Article 12
(Notice of Receipt, Change and Cancellation of Application for Purchase)
① In
the event of an application for purchase of a User, the “Mall” shall notify the User with the receipt
of the application.
② In
the event that there is any discordance between expressions of intent, the User
who received the notice of receipt may change or cancel the application for
purchase immediately after the User receives the notice, and in the event of
any request of a User prior to the delivery, the “Mall” shall deal with the request without any delay. Notwithstanding the
foregoing, in the event that the payment has been already made, it shall be in
accordance with the stipulation related to the cancellation of purchase in Article
15.
Article 13
(Provision of Goods)
①
Unless otherwise stipulated herein in respect of the schedule for the provision
of goods, the “Mall” shall take
necessary measures to deliver the goods within 7 days from the date of purchase
by a User such as customized production or packaging. Notwithstanding the
foregoing, in the event that the “Mall” has received the whole or the part of the payment for the goods,
such measures shall be taken within 2 business days from the date of receipt of
the payment. At that time, the “Mall” shall take necessary measures to make the User check the procedures
of provision of the goods and delivery process.
②
The “Mall” shall specify, for
the goods purchased by a User, the delivery method, payer of delivery fees by
method, period of delivery by method, et cetera. In the event that the “Mall” exceeds the designated period of
delivery, it shall compensate for damages to the User. Notwithstanding the
foregoing, 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 product or service which a User applied for purchase may not be
provided or delivered due to sold-out or other cause, the “Mall” shall
notify the situation to the User without any delay, and in the event that it
has received the payment for the product or service in advance, it shall refund
the payment or take necessary measures within 2 business days from the date of
receipt of the payment.
Article 15
(Cancellation of Purchase)
①
The User who concluded the contract for the purchase of goods with the “Mall” may cancel the purchase within 7 days
from the date on which the User received the notice of receipt.
②
The User may not return or change the good which he or she received through
delivery in the event of one of the following items. In the event that:
1. the goods
delivered is lost or damaged with the responsibility of the User
(Notwithstanding the foregoing, the cancellation of purchase may be acceptable
in the event of the damage on packaging for checking the contents in the box.);
2. the value
of the goods is significantly decreased due to the use or consumption by the
User;
3. the value
of the goods is significantly decreased thus not available for re-sale due to
the lapse of time;
4. the
packaging is damaged, if the goods may be reproduced to the goods showing the
same performance;
③
The cancellation of purchase by User shall not be limited if, in the case of
Item 2 or Item 4 of Clause 2, the “Mall” did not specify the fact that the cancellation of purchase is
limited for easier recognition by consumer or not take necessary measures, e.g.
provision of a sample.
④
Notwithstanding Clause 1 and Clause 2, the User may cancel his or 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 or she recognized or could recognize that the
contents of goods differ from the advertisement or the provision of contract.
Article 16
(Effect of Cancellation of Purchase)
① In
the event of the return of goods from a User, the “Mall” shall refund the payment for the goods within 3 business days from
the date on which it had received the payment. In the event that the “Mall” caused a delay of the refund to the
User, it shall pay interest calculated with overdue interest rate announced by
the Fair Trade Commission for the number of days of delay.
②
Regarding the above-mentioned refund and in the event that the User made a
payment for the goods with credit card or electronic money, the “Mall” shall request the business who
provided such payment method to suspend or cancel the payment without any delay.
③ In
the event of any cancellation of purchase, the User shall bear the cost for
return of the goods provided. The “Mall” shall not claim for cancellation charge or compensation for damages
to the User in respect of the cancellation of purchase. Notwithstanding the
foregoing, in the event of the cancellation of purchase caused by that the
contents of goods differ from the advertisement or the provision of contract,
the “Mall” shall bear the cost
for return of the goods.
④ In
the event that User bore the delivery fees when he or she received the goods,
the “Mall” shall specify who
would bear the cost for the cancellation of purchase for easier recognition of
the User.
Article 17
(Protection of Personal Information)
①
The “Mall” collects minimum
information necessary for the execution of the purchase contract with Users.
The following items shall be necessary information and others are optional.
1. Name;
2. National
ID Number (not for Members) or foreigner registration number;
3. Address;
4. Telephone
number;
5. ID (for
Members);
6. Password
(for Members); or
7. Email
address (or mobile phone number).
② In
the event that the “Mall”
collects personal information available for identification of User, it must
obtain the approval of the User.
③
The personal information may not be used for any purpose and provided to any 3rd party without the approval of the User, and the “Mall” shall be
responsible for the matter. Notwithstanding the foregoing, it shall not apply
to the following items. In the event that:
1. the “Mall” informs the
delivery service provider with minimum information of User for performing
delivery duty (e.g. name, address, telephone number);
2. such
personal information is necessary for statistics, academic research or market
research, and provided in the form that a certain individual may not be
identified;
3. such
personal information is necessary for the settlement of payment for transacting
products, et cetera;
4. such
personal information is necessary for the identification against illegal use;
or
5. there is
inevitable cause by regulation or law.
④ In
the event that the “Mall” is
required to acquire the approval of User by Clause 2 and 3, it shall specify or
notify the provision stipulated in Clause of Article 22 of the Law related to Stimulation of Use of
Information and Communication Network & Information Protection, e.g.
identity of thepersonal information manager (post, name, telephone
number, other contact), purpose of collection and use of information, matters
related to the provision of information to 3rd party (recipient, purpose of
provision and information to be provided), et cetera.
⑤
Users may at any time request for the confirmation and correction of error on
their personal information possessed by the “Mall”, 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 it corrects the error.
⑥
The “Mall” shall limit the
number of managers for protecting personal information, and be responsible for
any damages of User caused by loss, disclosure or falsification or personal
information of the User including credit card and bank account.
⑦
The “Mall” or any 3rd party who received personal information from the “Mall” , shall
without any delay destroy personal information after it achieves its purpose of
collection of the personal information.
Article 18
(Obligations of “Mall”)
①
The “Mall” shall not take any
action restricted by the law and this Agreement or being against the good
public order and customs, and put its best efforts to provide products and
services on a stable basis in accordance with the provisions in this Agreement.
②
The “Mall” shall equip the
security system for the protection of personal information of Users (including
credit information) so that the Users may safely use online services.
③
The “Mall” shall be responsible
for the compensation to User(s) if it has caused damages to the User(s) by
displaying or adding unjust or unreasonable advertisement for a certain product
or service in accordance with Article 3 of the Law related to Fairness of
Display and Advertisement.
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
Each Member shall be responsible for the management of his or her ID and
password, except the case in Article 17.
②
Each Member shall not allow any 3rd party to use his or her ID and password.
③ In
the event that a Member recognizes that his or her ID and/or password is stolen
or used by a 3rd party, the Member shall immediately notify the fact to the “Mall”, and follow
the instruction of the “Mall”,
if required.
Article 20
(Obligations of User)
Users shall
not:
1. register
false information at the time of its application or change of information;
2. steal
others’
personal information;
3. change of
information displayed on the “Mall”;
4. remit or
display any information other than the information selected by the “Mall” (computer
program, et cetera);
5. infringe
the copyright or the intellectual property right of the “Mall” or a 3rd party;
6. take any
action to bring disgrace on or interrupt the operation of the “Mall” or a 3rd party; or
7. disclose
or display any information containing indecent or violent message, video,
voice, and other information being against the good public order and customs.
Article 21
(Relationship between Liking Mall & Linked Mall)
① In
the event that the main mall and the sub-mall are linked with the hyperlink
(e.g. 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
The Liking Mall shall not be responsible for any transaction with the User for
any product or service independently provided by the Linked Mall if the Liking
Mall specify its intent of such non-guarantee on the initial page at the
website of the Liking Mall or pop-up window.
Article 22
(Copyright & Limitation of Use)
①
The copyright and other intellectual property right for the works produced by
the “Mall” shall be belonged to
the “Mall”.
②
The User may not use or cause any 3rd party to use the information of which intellectual property
right is belonged to the “Mall” among those acquired in the course of
the use of the “Mall” for the
reproduction, transmission, publishing, distribution, broadcasting or other
profit-making use without the prior consent of the “Mall”.
③
The “Mall” shall notify the
User when using the copyright belonged to the applicable User in accordance
with mutual agreement.
Article 23
(Resolution of Dispute)
①
The “Mall” shall reflect the
reasonable opinion or complaint made by User(s), and install and operate an
organization for dealing with compensation for damages.
②
The “Mall” shall give priority
to any opinion or complaint made by User(s). Notwithstanding the foregoing, in
the event that it may not promptly deal with the matter, the “Mall” shall notify the User with the cause
and the schedule to make the treatment done.
③ In
the event that there is any application for remedy by a User regarding the
dispute raised between the “Mall” and the User, the matter may be treated in accordance with the
settlement of the Fair Trade Commission or the arbitration commissioned by the
Mayor or the jurisdiction.
Article 24
(Jurisdiction & Governing Law)
①
Any and all e-commerce-related lawsuits raised between the “Mall” and a User shall be in accordance with
the address of the User at that time of the suing, and in the event of there is
no address, such lawsuit shall be exclusively controlled by the competent court
of jurisdiction. Notwithstanding the foregoing, in the event that the address
or residence of the User at that time of the suing is not clear or in the event
of the foreigner, the lawsuit shall be filed to the competent court on the
Civil Procedures Code.
②
Any and all e-commerce-related lawsuits raised between the “Mall” and a User shall be governed by the law of the Republic of Korea.
**
Supplementary Provision (Effective Date)
This
Agreement shall be effective from January 25th 2017.