Terms & Condition
Stack them in furnace
These terms and conditions are intended to regulate the rights, obligations and responsibilities of the cyber mall and users in using the Internet-related services (hereinafter referred to as “services”) provided by the Insan Jukyeom Cyber Mall (hereinafter referred to as “Mall”) operated by Insan Jukyeom Co., Ltd. (e-commerce business operator).
※ “These terms and conditions shall also apply to e-commerce using PC communication, wireless, etc., unless they are contrary to their nature.”
Article 2 (Definitions)
- “Mall” refers to a virtual business establishment established by Insan Jukyeom Co., Ltd. to enable users to trade goods or services (hereinafter referred to as “goods, etc.”) using information and communication facilities such as computers. It is also used to refer to a business operator that operates a cyber mall.
- “User” refers to members and non-members who access the “Mall” and receive services provided by the “Mall” in accordance with these Terms and Conditions.
- “Member” refers to a person who has registered as a member of the “Mall” (deleted) and can continuously use the services provided by the “Mall.”
- “Non-member” refers to a person who uses the services provided by the “Mall” without registering as a member.
Article 3 (Specification, explanation and revision of terms and conditions, etc.)
- “Mall” shall post the contents of these terms and conditions, the name and representative name, address of the business location (including the address of the place where consumer complaints can be handled), telephone number, facsimile number, e-mail address, business registration number, mail-order business report number, personal information protection manager, etc. on the initial service screen (front) of 00 Cyber Mall so that users can easily see them. However, the contents of the terms and conditions may be made available for users to view through a link screen.
- “Mall” shall obtain the user’s confirmation by providing a separate link screen or pop-up screen so that users can understand important contents stipulated in the terms and conditions, such as cancellation of subscription, delivery responsibility, refund conditions, etc., before agreeing to the terms and conditions.
- “Mall” may revise these Terms and Conditions as long as it does not violate related laws such as the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the Electronic Documents and Transactions Basic Act, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Door-to-Door Sales, etc., and the Consumer Protection Act.
- When “Mall” revises the Terms and Conditions, it shall post the effective date and the reason for the revision on the Mall’s home screen along with the current Terms and Conditions from 7 days prior to the effective date up to the day before the effective date. However, when changing the contents of the Terms and Conditions to the disadvantage of users, it shall post a notice at least 30 days in advance. In this case, the “Mall” clearly compares the contents before and after the revision and displays them so that users can easily understand them.
- If the “Mall” revises the terms and conditions, the revised terms and conditions will only apply to contracts concluded after the date of application, and the terms and conditions before the revision will continue to apply to contracts already concluded before that date. However, if a user who has already entered into a contract wishes to apply the revised terms and conditions, and sends a notice to the “Mall” within the notice period for the revised terms and conditions according to Paragraph 3 and receives the consent of the “Mall,” the revised terms and conditions will apply.
- Matters not specified in these terms and conditions and the interpretation of these terms and conditions shall be governed by the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the Consumer Protection Guidelines in Electronic Commerce, etc. established by the Fair Trade Commission, and related laws and regulations or customary practices.
Article 4 (Provision and Change of Services)
- The “Mall” performs the following tasks:
- Provision of information on goods or services and conclusion of purchase contracts
- Delivery of goods or services for which a purchase contract has been concluded
- Other tasks determined by the “Mall”
- In the event of goods or services being out of stock or changes in technical specifications, the “Mall” may change the content of goods or services to be provided under a contract to be concluded in the future. In this case, the content of the changed goods or services and the date of provision shall be immediately notified in the place where the content of the current goods or services is posted.
- In the event that the “Mall” changes the content of services that it has agreed to provide to users due to reasons such as goods being out of stock or technical specifications being changed, the “Mall” shall immediately notify the users of the reason at a notifiable address.
- In the case of the preceding paragraph, the “Mall” shall compensate for any damages suffered by the users as a result. However, this shall not apply if the “Mall” proves that there was no intent or negligence.
Article 5 (Service Interruption)
- In the event of maintenance, inspection, replacement, and malfunction of computer or other information and communication equipment, or interruption of communication, the “Mall” may temporarily suspend the provision of services.
- The “Mall” shall compensate for damages suffered by users or third parties due to temporary suspension of service provision for the reasons set forth in Paragraph 1. However, this shall not apply if the “Mall” proves that there was no intent or negligence.
- In the event that the service cannot be provided due to reasons such as change in business type, abandonment of business, or integration between companies, the “Mall” shall notify users in the manner set forth in Article 8 and compensate consumers according to the conditions initially presented by the “Mall.” However, in the event that the “Mall” fails to notify users of the compensation criteria, etc., the “Mall” shall pay users their mileage or accumulated points in kind or in cash equivalent to the currency value used in the “Mall.”
Article 6 (Membership Registration)
- Users apply for membership by filling out membership information in the registration form set by the “Mall” and expressing their intention to agree to these Terms and Conditions.
- The “Mall” registers as a member users who have applied for membership in accordance with Paragraph 1, unless they fall under any of the following items.
- If the applicant has previously lost membership qualifications in accordance with Article 7, Paragraph 3 of these Terms and Conditions; however, this does not apply if 3 years have passed since the loss of membership qualifications in accordance with Article 7, Paragraph 3 and the “Mall” has approved re-registration as a member.
- If there are any false, omitted, or incorrect entries in the registration
- If it is determined that registering as a member significantly interferes with the technology of the “Mall” for other reasons.
- The membership contract is established when the “Mall”’s approval reaches the member.
- If there are any changes to the information registered at the time of membership registration, the member must notify the “Mall” of such changes within a reasonable period of time by means of modifying the member information.
Article 7 (Withdrawal of Membership, Loss of Qualifications, etc.)
- Members may request withdrawal from the “Mall” at any time, and the “Mall” will immediately process the withdrawal of membership.
- If a member falls under any of the following reasons, the “Mall” may restrict or suspend membership.
- If false information is registered at the time of application for membership
- If the member does not pay the price of goods purchased using the “Mall” or other debts borne by the member in relation to the use of the “Mall” by the due date.
- If the order of e-commerce is threatened, such as interfering with another person’s use of the “Mall” or stealing information.
- If the “Mall” is used to commit acts prohibited by law or these Terms and Conditions or against public order and morals.
- If the “Mall” restricts or suspends membership and the same act is repeated more than twice or the reason is not corrected within 30 days, the “Mall” may revoke the membership.
- If the “Mall” revokes membership, the member registration will be canceled. In this case, the member will be notified and given at least 30 days to explain before the membership is cancelled.
Article 8 (Notice to Members)
- When the “Mall” notifies members, it may do so by sending an email to the member’s designated email address through prior agreement with the “Mall.”
- In the case of notice to an unspecified number of members, the “Mall” may substitute individual notice by posting on the “Mall” bulletin board for one week or longer. However, individual notices will be sent for matters that have a significant impact on the member’s own transactions.
Article 9 (Purchase Application)
- “Mall” users apply for purchases on the “Mall” using the following or similar methods, and the “Mall” must provide the following information in an easily understandable manner when users apply for purchases. (Deleted)
- Search and selection of goods, etc.
- Input of recipient’s name, address, phone number, email address (or mobile phone number), etc.
- Confirmation of terms and conditions, services with limited right of cancellation, cost burden such as delivery and installation fees, etc.
- Indication of agreement to these terms and conditions and confirmation or rejection of item 3 above (e.g., mouse click)
- Application for purchase of goods, etc. and confirmation thereof or consent to “Mall” confirmation
- Selection of payment method
- If the “Mall” needs to provide or entrust the purchaser’s personal information to a third party, it must obtain the purchaser’s consent at the time of the actual purchase application, and does not obtain comprehensive consent in advance at the time of membership registration. At this time, “Mall” must clearly state to the purchaser the personal information items provided, the recipient, the recipient’s purpose of using the personal information, and the retention/use period. However, in cases where there are different provisions in related laws, such as in the case of entrustment of personal information processing under Article 25, Paragraph 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., such provisions shall apply.
Article 10 (Establishment of Contract)
- The “Mall” may not accept a purchase application under Article 9 in the following cases. However, in the case of concluding a contract with a minor, the minor or the legal representative may cancel the contract if the consent of the legal representative is not obtained.
- In the case of false, omitted, or incorrect information in the application .
- In the case of a minor purchasing goods or services prohibited by the Youth Protection Act, such as cigarettes or alcohol.
- In the case of the “Mall” determining that accepting other purchase applications significantly interferes with the technology of the “Mall”
- The contract is deemed to be established when the acceptance of the “Mall” reaches the user in the form of a receipt confirmation notice under Article 12, Paragraph 1.
- The “Mall’s” expression of acceptance must include information such as confirmation of the user’s purchase application, availability for sale, correction or cancellation of the purchase application, etc.
Article 11 (Payment Method)
Payment for goods or services purchased at the “Mall” may be made by any of the available methods listed below. However, the “Mall” may not collect any additional fees for the price of goods, etc. for the user’s payment method.
- Various account transfers such as phone banking, internet banking, and mail banking
- Various card payments such as prepaid cards, debit cards, and credit cards
- Online bank transfer
- Payment by electronic money
- Payment upon receipt
- Payment by points granted by the “Mall” such as mileage
- Payment by gift certificates that have been contracted with the “Mall” or approved by the “Mall”
- Payment by other electronic payment methods, etc.
Article 12 (Confirmation of Receipt Notification, Change and Cancellation of Purchase Application)
- When a user applies for a purchase, the “Mall” shall send a confirmation of receipt to the user.
- When a user who has received a confirmation of receipt notice finds a discrepancy in the expression of intent, etc., the user may request a change or cancellation of the purchase application immediately after receiving the confirmation of receipt notice, and the “Mall” shall promptly process the request prior to delivery if the user so requests. However, when payment has already been made, the provisions of Article 15 on withdrawal of subscription, etc. shall apply.
Article 13 (Supply of Goods, etc.)
- Unless there is a separate agreement between the “Mall” and the user regarding the timing of supply of goods, etc., the “Mall” shall take necessary measures such as custom manufacturing, packaging, etc. so that the goods can be delivered within 7 days from the date the user made the order. However, if the “Mall” has already received all or part of the payment for the goods, etc., the “Mall” shall take measures within 3 business days from the date of receipt of all or part of the payment. In this case, the “Mall” shall take appropriate measures so that the user can check the supply procedure and progress of the goods, etc.
- The “Mall” shall specify the means of delivery, the party responsible for the delivery cost by means, and the delivery period by means for the goods purchased by the user. If the “Mall” exceeds the agreed delivery period, it shall compensate the user for any resulting damages. However, this shall not apply if the “Mall” proves that there was no intent or negligence.
Article 14 (Refund)
If “Mall” is unable to deliver or provide the goods, etc. purchased by a user due to reasons such as being out of stock, it shall promptly notify the user of the reason and, if it has received payment for the goods, etc. in advance, refund the payment or take necessary measures for a refund within 3 business days from the date of receipt of the payment.
Article 15 (Cancellation of Contract, etc.)
- Users who have entered into a contract for the purchase of “Mall” and goods, etc. may cancel their contract within 7 days from the date of receipt of the written contract pursuant to Article 13 Paragraph 2 of the Act on Consumer Protection in Electronic Commerce, etc. (if the supply of goods, etc. is made later than the date of receipt of the written contract, the date of receipt of the goods, etc. or the date on which the supply of goods, etc. commences). However, if the Act on Consumer Protection in Electronic Commerce, etc. provides otherwise regarding cancellation of contract, the provisions of said Act shall apply.
- Users may not return or exchange goods, etc. if they have received them and any of the following applies.
- If the goods, etc. are lost or damaged due to a reason attributable to the user (however, if the packaging, etc. is damaged in order to check the contents of the goods, etc., the subscription may be cancelled);
- If the value of the goods, etc. has significantly decreased due to the use or partial consumption of the user;
- If the value of the goods, etc. has significantly decreased over time to the extent that resale is difficult;
- If the goods, etc. can be duplicated with goods, etc. of the same performance, if the packaging of the original goods, etc. has been damaged;
- In cases falling under subparagraphs 2 through 4 of paragraph 2, if the “mall” has not taken measures such as indicating in advance in a place where the consumer can easily see that subscription cancellation, etc. is restricted or providing trial products, the user’s subscription cancellation, etc. shall not be restricted.
- Notwithstanding the provisions of paragraphs 1 and 2, if the contents of the goods, etc. are different from the displayed or advertised contents or are performed differently from the contractual contents, the user may cancel the subscription, etc. within 3 months from the date of receipt of the goods, etc., or within 30 days from the date the user learned or could have learned of the fact.
Article 16 (Effect of Cancellation of Subscription, etc.)
- If the “Mall” receives a return of goods, etc. from a user, it shall refund the amount already paid for the goods, etc. within 3 business days. In this case, if the “Mall” delays the refund of the goods, etc. to the user, it shall pay the delayed interest calculated by multiplying the delayed interest rate (the parenthesized part is deleted) stipulated in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc. by the delay period.
- When refunding the above amount, if the user paid the price of the goods, etc. using a payment method such as a credit card or electronic money, the “Mall” shall request the business operator who provided the payment method to suspend or cancel the claim for the price of the goods, etc. without delay.
- In the case of cancellation of subscription, etc., the user shall bear the cost required to return the goods, etc. supplied. The “Mall” shall not claim a penalty or compensation for damages from the user for reasons such as cancellation of subscription. However, if the content of the goods, etc. is different from the displayed/advertised content or if the contract is not performed as agreed upon, the cost of returning the goods, etc. shall be borne by the “Mall”.
- If the user pays the shipping cost when receiving the goods, etc., the “Mall” shall clearly indicate who will bear the cost when canceling the contract so that the user can easily understand.
Article 17 (Personal Information Protection)
- “Mall” collects the minimum amount of personal information necessary to provide services when collecting personal information of users.
- “Mall” does not collect in advance the information necessary for the performance of purchase contracts when registering as a member. However, this does not apply in cases where identity verification is required prior to the purchase contract in order to perform obligations under relevant laws and regulations, and where the minimum amount of specific personal information is collected.
- “Mall” notifies the user of the purpose and obtains consent when collecting and using the user’s personal information.
- “Mall” cannot use the collected personal information for purposes other than the intended purpose, and when a new purpose of use arises or when providing the information to a third party, it notifies the user of the purpose and obtains consent at the stage of use and provision. However, this does not apply in cases where relevant laws and regulations provide otherwise.
- In cases where the “Mall” must obtain the consent of the user pursuant to Paragraphs 2 and 3, the identity of the personal information protection officer (affiliation, name, phone number, and other contact information), the purpose of collecting and using information, matters related to the provision of information to third parties (recipient, purpose of provision, and content of information to be provided), etc., as stipulated in Article 22 Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., must be specified or notified in advance, and the user may withdraw this consent at any time.
- The user may request to view or correct errors in his/her personal information held by the “Mall” at any time, and the “Mall” has the obligation to take necessary measures without delay. If the user requests correction of an error, the “Mall” shall not use the personal information in question until the error is corrected.
- The “Mall” shall limit to the minimum the number of persons processing the user’s personal information in order to protect personal information, and shall be fully responsible for any damage suffered by the user due to the loss, theft, leakage, provision to a third party without consent, alteration, etc. of the user’s personal information, including credit card and bank account information.
- “Mall” or a third party that has received personal information from it shall destroy the personal information without delay when the purpose of collecting or providing the personal information has been achieved.
- “Mall” does not set the consent box for collection, use, and provision of personal information as pre-selected. In addition, “Mall” specifically states the services that are restricted when the user refuses to consent to the collection, use, and provision of personal information, and does not restrict or refuse the provision of services such as membership registration due to the user’s refusal to consent to the collection, use, and provision of personal information that is not a mandatory collection item.
Article 18 (Obligations of the “Mall”)
- The “Mall” shall not engage in any acts prohibited by laws and regulations or these Terms and Conditions or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably in accordance with these Terms and Conditions.
- The “Mall” shall have a security system to protect the personal information (including credit information) of users so that users can safely use the Internet service.
- If the “Mall” causes damage to users by engaging in unfair labeling or advertising acts as defined in Article 3 of the Act on Fair Labeling and Advertising with respect to products or services, the “Mall” shall be responsible for compensating for such damage.
- The “Mall” shall not send unsolicited commercial e-mails to users.
Article 19 (Member’s Obligations Regarding ID and Password)
- Except for the case in Article 17, the member is responsible for managing the ID and password.
- Members must not allow third parties to use their ID and password.
- If a member becomes aware that his/her ID and password have been stolen or are being used by a third party, he/she must immediately notify the “Mall” and follow the instructions provided by the “Mall”.
Article 20 (User Obligations)
Users must not perform the following acts:
- Registering false information when applying or changing
- Stealing information from others
- Changing information posted on the “Mall”
- Transmitting or posting information (such as computer programs) other than information specified by the “Mall”
- Infringing on the intellectual property rights, such as copyrights, of the “Mall” or other third parties
- Acts that damage the reputation or interfere with the business of the “Mall” or other third parties
- Acts of disclosing or posting obscene or violent messages, images, audio, or other information that goes against public order and morals on the Mall
Article 21 (Relationship between Linked “Mall” and Linked “Mall”)
- If an upper “mall” and a lower “mall” are linked by a hyperlink (e.g. the target of a hyperlink includes text, pictures, and moving images), the former is called the linked “mall” (website) and the latter is called the linked “mall” (website).
- If the linked “mall” clearly states on its initial screen or in a pop-up screen at the time of linking that it does not assume warranty responsibility for transactions between users and the linked “mall” regarding goods, etc. provided independently by the linked “mall,” then it is not responsible for warranty responsibility for such transactions.
Article 22 (Attribution of Copyright and Restrictions on Use)
- Copyright and other intellectual property rights for works created by the “Mall” belong to the “Mall.”
- Users may not use information obtained by using the “Mall” for profit-making purposes or allow third parties to use information of which the “Mall” holds intellectual property rights without the prior consent of the “Mall” by means of reproduction, transmission, publication, distribution, broadcasting, or other methods.
- The “Mall” must notify the user when using the copyright belonging to the user according to the agreement.
Article 23 (Dispute Resolution)
- “Mall” establishes and operates a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and compensate for the damages.
- “Mall” gives priority to complaints and opinions submitted by users. However, if prompt processing is difficult, the user will be notified immediately of the reason and processing schedule.
- In the event of a user’s request for damage relief in relation to an e-commerce dispute between “Mall” and a user, the dispute may be subject to the mediation of a dispute resolution agency commissioned by the Fair Trade Commission or the city/provincial governor.
Article 24 (Jurisdiction and Governing Law)
- Litigation regarding 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 suit, or, if there is no address, the place of residence. However, if the user’s address or place of residence is unclear at the time of filing the suit or if the user is a foreign resident, the suit shall be filed with the court with jurisdiction under the Civil Procedure Act.
- Korean law shall apply to e-commerce lawsuits filed between the “Mall” and users.