※ Hyohyang- Shopping Mall (English Version) uses
standard terms and conditions deliberated by Fair Trade Commission.
Sub-Paragraph 10023 of Standard Terms and Conditions of Fair Trade Commission
Standard Terms and Conditions on Internet Cyber Mall
Article 1 (Purpose)
The purpose of Terms and Conditions is to regulate right, duty, and liability of cyber mall and user in using the Internet-related service (hereinafter referred to as “Service”) provided by cyber mall (hereinafter referred to as “Mall) operated by Company (E-commerce business).
※「This Terms and Conditions shall be applied on e-commerce using PC communication and wireless communication unless otherwise contradicting the properties.」
Article 2 (Definition)
- Mall refers to a virtual business place set up by the Company for transaction of goods by using the information communication facilities such as computer to provide goods or service (hereinafter referred to as “Goods”) to users. Mall also refers to a business operating a cyber mall.
- “User” refers to member and non-member who accesses “Mall” and receives service provided by “Mall” in accordance with this Terms and Conditions.
- “Member” refers to a person registered as a member by providing personal information to “Mall”. Member receives information of “Mall” continuously and member is allowed to use the service of “Mall” continuously.
- “Non-Member” refers to a person receiving service provided by “Mall” without signing up for membership.
Article 3 (Statement and Revision of Terms and Conditions)
- “Mall” displays items of Terms and Conditions, company name, CEO name, address (including address for customer service center), phone number, FAX number, e-mail address, business registration number, telemarketing business registration number, and person in charge of personal information management on 00 Cyber Mall’s initial service screen (front) for users. However, items of Terms and Conditions are available by accessing the linked screen.
- To help the user understand important items such as withdrawal, delivery liability, and refund conditions from Terms and Conditions before agreeing to Terms and Conditions, “Mall” shall provide a separate linked screen or pop-up screen to ask for user’s consent.
- “Mall” may revise this Terms and Conditions within the range of not violating the related Acts including Act on Consumer Protection in Electronic Commerce Transactions, Act on Regulation of Terms and Conditions, Electronic Transaction Act, Act on Promotion of Information Network Usage, Act on Door-to-Door Sale, and Consumer Protection Act.
- In revision of this Terms and Conditions, “Mall” shall clarify the date of application and reason of revision and shall post a notification on the initial screen together with current Terms and Conditions from 7 days before application to day before application.
However, when changing the items of Terms and Conditions in a way unfavorable to user, “Mall” shall notify with at least 30 days of grace period in advance. In this case, “Mall” shall compare the items before and after revision clearly to help easier understanding of user.
- In revision of Terms and Conditions, the revised Terms and Conditions shall be applied on contracts signed after the date of application and contacts signed before revision shall be applied of previous Terms and Conditions. However, the revised Terms and Conditions shall be applied when the user who already signed the contract expresses intention to be applied with revised Terms and Conditions and receives approval from “Mall” within the notice period of revised Terms and Conditions in accordance with Paragraph 3.
- Matters that are not regulated in this Terms and Conditions and interpretation of this Terms and Conditions shall follow Act on Consumer Protection in Electronic Commerce Transactions, Act on Regulation of Terms and Conditions, Guidelines on Consumer Protection in Electronic Commerce Transactions regulated by Fair Trade Commission, or commercial practice.
Article 4 (Provision and Change of Service)
“Mall” shall fulfill following duties.
- Provision of information on goods or service and signing of purchase contract
- Delivery of goods and service for purchase contact
- Other duties regulated by “Mall”
- In case of sold out or change on technical specification for goods or service, “Mall” may change the goods and service to be provided in accordance with contract to be signed. In this case, “Mall” shall state the items and date of providing the changed goods or service and shall make an immediate notice on the place where current goods and service items are posted.
- In changing the contents of service to be provided by “Mall” due to sold out or change in technical specification of goods, “Mall” shall immediately notify the user via the address of user.
- In case of previous Paragraph, “Mall” shall compensate the damage caused on the user. However, this shall not apply when it is proven that such change is not due to intention or mistake of “Mall”.
Article 5 (Suspension of Service)
- “Mall” may suspend the service temporarily in case of reasons such as maintenance, replacement, and malfunctioning of information communication facility such as computer and communication interruption.
- “Mall” shall compensate for the damage caused on user or Third Party due to temporary suspension of service under reasons stated in Paragraph 1. However, this shall not apply when it is proven that such suspension of service is not due to intention or mistake of “Mall”.
- When “Mall” cannot provide the service due to reasons such as change in business item, abandonment of business, and integration between businesses, “Mall” shall notify the user by the method regulated in Article 8 and shall compensate the consumer in accordance with the conditions suggested by “Mall” However, when the standard of compensation is not notified by “Mall”, user’s points and e-money shall be paid in cash or in kind equivalent to value of currency used in “Mall”.
Article 6 (Sign-Up)
- To sign up, user shall fill out member information based on sign-up format given by “Mall” and shall express the will to agree with Terms and Conditions.
If a user signs up for membership as Paragraph 1, “Mall” shall register the user as a member unless the user applies to one of the following Sub-Paragraph.
- When applicant previously lost qualification for membership in accordance with Paragraph 3, Article 7 of this Terms and Conditions. However, this shall not apply when the user receives permission to re-sign up for membership 3 years after losing the qualification for membership in accordance with Paragraph 3, Article 7.
- When there is false entry, omission, mistake in registered matters
- When registering as membership is remarkably difficult due to technical issue of “Mall”
- Conclusion of sign-up shall be made upon the member receives the permission from “Mall”.
- In case of change in registered matters in accordance with Paragraph 1, Article 15, member shall notify “Mall” of the changes immediately via e-mail or other means.
Article 7 (Withdrawal of Membership and Disqualification)
- Member may request “Mall” withdrawal of membership at any time and “Mall” shall handle withdrawal of membership immediately.
"Mall" may restrict and suspend qualification for membership if applicable to any of the following Sub-Paragraph.
- When the member signed up for membership with false matters
- When the member defaults on liabilities charged regarding the goods and amount for using the “Mall” until the designated date.
- When the member interrupts other people from using “Mall” or threatens e-commerce order by illegally using the information
- When the member is involved in matters that are prohibited by regulation or Terms and Conditions or when the member violates against public order and morality by using “Mall”
- Member may lose the qualification for membership by the “Mall” when the member repeats same behavior over two times or when the member fails to take corrective measures within 30 days from restriction/suspension of membership.
- When qualification for membership is lost by “Mall”, membership registration shall be canceled. In this case, “Mall” shall notify the member and shall give an opportunity of vindication within at least 30 days of grace period before membership cancellation.
Article 8 (Notification to Member)
- When notifying the member, “Mall” may send the notice to e-mail address that member designated in advance.
- In case of notification to many unspecified members, notice posted on bulletin board of “Mall” for over 1 week may replace the individual notification. However, matters that have significant influence on transaction of member shall be notified separately.
Article 9 (Purchase Application)
“Mall” user shall apply for purchase at “Mall” based on following means or similar means. “Mall” shall provide following matters to help understanding of user in purchase application. However, member may be exempted from application of Paragraph 2 or Paragraph 4.
- Search and selection of goods
- Entry of name, address, phone number, e-mail address (or mobile number), etc.
- Confirmation on matters regarding Terms and Conditions, service restricted of withdrawal right, delivery fee, and installation fee
- Indication of agreeing with Terms and Conditions and confirming/refusing items of Sub-Paragraph 3 above (Example : Mouth click)
- Application on purchase of goods, confirmation, or consent on access by “Mall”
- Selection of payment method
Article 10 (Conclusion of Contract)
“Mall” may refuse purchase application from Article 9 if applicable to any of the following Sub-Paragraph. However, when signing a contract with a minor, “Mall” shall notify that the contract may be canceled by oneself or legal representative when the legal representative refuses to agree.
- When there is false entry, omission, mistake in registered matters
- When a minor purchases service and goods such as cigarette or liquor prohibited by Juvenile Protection Act
- When permission on purchase application is technically difficult by “Mall”
- Conclusion of sign-up shall be made upon the member receives the permission from “Mall” in the form of receipt notification from Paragraph 1, Article 12.
- Expression of will for permission by “Mall” shall include confirmation and availability of purchase application and information regarding revision and cancellation of purchase application.
Article 11 (Payment Method)
In regard to payment for goods and service provided by “Mall”, user may use any of the possible mean from following Sub-Paragraph. In regard to payment method of user, “Mall” shall not additionally collect charges under any terms.
- Account transfer including phone banking, Internet banking, and mail banking
- Card payment including prepaid card, debit card, and credit card
- Online deposit without a bankbook
- Payment in e-cash
- Payment upon receipt
- Payment in points such as mileage provided by “Mall”
- Payment in voucher that signed contact with “Mall” or voucher accepted by “Mall”
- Payment in other electronic payment methods
Article 12 (Receipt Confirmation Notification, Change and Cancellation of Purchase Application)
- “Mall” shall send user of Receipt Confirmation Notification upon getting purchase application.
- In receiving Receipt Confirmation Notification, user may change and cancel the purchase application immediately when declaration of will does not match. Upon getting the request from sending the goods, “Mall” shall handle the request immediately. However, when the user already paid for the goods, it shall be applied with Regulation on Withdrawals from Article 15.
Article 13(Supply of Goods)
- Unless otherwise regulated on period of supplying goods, “Mall” shall take necessary measures such as custom order and packing to deliver the goods within 7 days from application. However, when “Mall” already received the payment for the goods entirely or partially, “Mall” shall take measures within two business days from the payment. In this case, “Mall” shall take proper measures so that the user is able to check on supply procedure and progress.
- “Mall” shall specify the delivery mean, payer of delivery fee for each mean, and delivery period for each mean for the goods purchased by the user. If “Mall” fails to deliver the goods within the delivery period, “Mall” shall compensate the damage caused on the user. This shall not apply when it is proven that such delay is not due to intention or mistake of “Mall”.
If “Mall” cannot deliver or provide the applied goods due to sold out or other reasons, “Mall” shall notify user of the reason immediately. If the user paid for the goods in advance, “Mall” shall refund within 2 business days from receiving the payment or shall take measures necessary for refund.
Article 15 (Withdrawal)
- User that signed a contract with “Mall” on purchase of goods may withdraw within 7 days from receiving Receipt Confirmation Notification.
After receiving the goods, user may not return and exchange the goods if applicable to any of the following Sub-Paragraph.
- When the goods are lost or damaged due to reason attributable to user (However, user may withdraw when the packing is damaged to check the goods)
- When the value of goods dropped remarkably due to use or partial consumption by user
- When the value of goods dropped remarkably due to lapse of time and re-selling is unavailable
- When the packing of original goods is damaged (when the goods can be copied to goods with same performance)
- In case of Sub-Paragraph 2 or Sub-Paragraph 4 of Paragraph 2, user’s withdrawal shall not be restricted when “Mall” did not take measures such as specifying the restriction of withdrawal in easily noticeable place in advance or providing sample products.
- When the goods are different from indication, advertisement or performed differently from contract regardless of Paragraph 1 or Paragraph 2, user may withdraw within 3 months from receiving the goods or within 30 days from acknowledging such fact.
Article 16 (Effects of Withdrawal)
- When the user returns goods, “Mall” shall refund the paid amount within3 business days. When the refund is delayed, “Mall” shall provide user of penalty interest calculated by multiplying the rate of penalty interest notified by Fair Trade Commission for the delayed period.
- When the user paid via payment means of credit card or e-cash, “Mall” shall immediately request the business providing the payment mean to suspend or cancel the charge of amount.
- In case of withdrawal, user shall be charged of expense necessary for returning supplied goods. “Mall” shall not claim user of cancellation penalty or compensation on damage for withdrawal. However, when the withdrawal is made because the goods are different from indication, advertisement, or contract, “Mall” shall be liable for goods returning expenses.
- When the user paid for delivery fee in receiving the goods, “Mall” shall clarify the liability for the charge upon withdrawal.
Article 17 (Protection of Personal Information)
In collecting information of user, “Mall” shall collect minimum information for fulfillment of purchase contract. Following matters shall be mandatory and other matters shall be optional.
- Resident registration number (for member) or foreigner registration number
- Phone Number
- Desired ID (for member)
- Password (for member)
- E-Mail Address (or Mobile Number)
- When collecting personal information which may identify the user, “Mall” must ask for consent from the user.
Provided personal information shall not be used for other purposes or shall not be provided to Third Party without prior consent of the user and “Mall” shall take all responsibilities. However, following cases shall be exceptional.
- When informing the delivery company of minimum information (name, address, phone number) of user necessary for delivery
- When personal information is necessary for statistics, academic research, or market survey. In this case, information shall be provided in a format to prevent identification of specific individual.
- When personal information is necessary for settlement of goods transaction
- When personal information is necessary for identification to prevent theft
- When personal information is necessary for legislative regulation or law
- When it is necessary to obtain consent from user in accordance with Paragraph 2 and Paragraph 3, “Mall” shall specify or notify the matters such as identity of person in charge of personal information management (department, name, phone number, contact), purpose of collecting and using personal information, and matters regarding provision of information to Third Party (matters on recipient, purpose of provision, items to be provided) in Paragraph 2, Article 22 of Act on Promotion of Information Network Usage in advance. Also, user may withdraw the consent at all times.
- User may request “Mall” on access and error correction for own personal information at all times and “Mall” shall be liable to take necessary measures immediately. When the user requests error correction, “Mall” shall not use the personal information of the user until the error is corrected.
- To protect personal information, “Mall” shall appoint minimum number of person in charge of personal information management and shall be liable for damaged caused on user due to loss, theft, leakage, and falsification of personal information including credit card and bank account.
- Third Party provided of personal information by “Mall” shall dispose of the personal information upon accomplishing the purpose of collecting personal information.
Article 18 (Duties of “Mall”)
- “Mall” shall not be involved in matters prohibited by legislation or Terms and Conditions and shall not violate against public order and morality. Also, “Mall” shall try its best to provide goods and service continuously and stably in accordance with this Terms and Conditions.
- “Mall” shall have a security system for user’s personal information (including credit information) protection so that the user can use the Internet service safely.
- “Mall” shall be liable for compensation of damage caused on user due to unlawful statement or advertisement of goods and service in accordance with Article 3 of [Act on Fair Indication and Advertisement].
- “Mall” shall not send advertising e-mail for pursuit or profit undesired by the user.
Article 19 (Duties on ID and Password of Member)
- Member shall be liable for management of ID and password except the case of Article 17.
- Member shall not allow Third Party to use ID and password.
- When the ID and password are stolen or when being aware that ID and password are used by Third Party, member shall notify “Mall” immediately and follow the instructions of “Mall”.
Article 20 (Duties of User)
User shall not be involved in following matters.
- Registration of false information when signing up or changing
- Theft on information of others
- Change of information posted in “Mall”
- Sending or posting of information (computer program, etc.) other than information designated by “Mall”
- Infringement of intellectual property right such as copyright of Third Party
- Defamation of Third Party or interference of business
- Release or posting of indecent or violent message, video, voice, or other information that violates public order and morality on “Mall”
Article 21 (Relationship between Connecting “Mall” and Connected “Mall)
- When upper “Mall” and lower “Mall” are connected in hyperlink (example : Hyperlink includes text, image, and moving image), the former shall be referred to as Connecting “Mall” (website) and latter shall be referred to as Connected “Mall”(website).
- Connecting “Mall” shall not be liable for surety when the initial screen or pop-up screen specifies that Connecting “Mall” is liable for surety regarding the transaction of goods independently provided by Connected “Mall”
Article 22 (Ownership of Copyright and Limited Use)
- Copyright and other intellectual property rights on works prepared by “Mall” shall be vested in “Mall”.
- Among information obtained from using “Mall”, user shall not use information with intellectual property vested in “Mall” for pursuit of profit or allow Third Party to use the information by copying, sending, publishing, distributing, broadcasting, or other means without prior consent from “Mall”.
- When using the copyright vested in the user in accordance with Terms and Conditions, “Mall” shall notify the user.
Article 23 (Settlement of Dispute)
- “Mall” shall establish/operate a damage compensation organization to reflect fair opinion and complaints of user and compensate for the damage.
- “Mall” shall preferentially handle the complaints and opinion of user. However, when the matter cannot be handled quickly, “Mall” shall notify the reason and handling schedule.
- When a user applies for damage relief in regard to e-commerce dispute between “Mall” and user, Fair Trade Commission or dispute regulation organization commissioned by mayor/governor may intervene.
Article 24(Jurisdiction and Applicable Law)
- Suit regarding the e-commerce dispute between “Mall” and user shall be applied of user’s address at the time of filing the suit. When the address does not exist, the local court with jurisdiction over the address shall have hold exclusive jurisdiction. However, the suit shall be filed to competent court under Civil Procedure Act when the user’s address is unclear at the time of filing the suit or when the user resides abroad.
- Korean Act shall be applied on e-commerce suit case between “Mall” and user.