Article 1 (Purpose)
This Agreement aims at
stipulating rights, obligations and responsibilities of the Cyber 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 HessianBag On-line Mall.
(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.
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.
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. Account transfer, e.g. phone
banking, internet banking, mail banking, et cetera;
2. card payment, e.g. prepaid
card, debit card, credit card, et cetera;
3. Online non-bankbook
deposit;
4. Electronic money;
5. Pay-on-receipt;
6. Point offered by the
“Mall”, e.g. mileage;
7. Gift voucher contracted or
approved by the “Mall”; or
8. Other payment by
electronic means.
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 7 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.
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 5
business days from the date of receipt of the payment.
Article 15 (Cancellation of
Purchase)
① 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;
② 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.
③ 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 7 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 the personal 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 July 01, 2019.