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 Fashion-Korea. (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 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 (Provision & Replacement of Service)
① The “Mall” shall perform the following duties:
1. Provision of information regarding service and conclusion of Service contracts
2. Delivery of 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 4 (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 5 (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 6 (Request for Service)
The User shall apply for Service in accordance with the following manner or other similar manner.
1. Search and selection of goods and send Service request, Entering name, address, telephone number, email address (or mobile phone number)
2. 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;
Article 7 (Conclusion of Contract)
① The “Mall” may not accept the request for Service
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 Service;
② The contract is deemed to be concluded when the acceptance of the “Mall” is delivered to the User
Article 8 (Provision of Goods)
① Unless otherwise stipulated herein in respect of the schedule for the provision of Service, the “Mall” shall take necessary measures to deliver the goods within 7 business days from the date of accept the payment.
Article 9 (Refund)
In the event that the 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 ~5business days from the date of receipt of the payment.
Article 10 (Cancellation of Service)
① Basically the User who contract for the puchase of Service(Buying Service) can not cancel the Service after “Acceptance of Payment” .
② The Buying Service User may cancel or replace or refund. In the event that:
1. The goods delivered is wrong items which is far different from Original items
2. The goods can not be delivered, due to the Sold out, Out of stock, in this case, mall will notify the User.
③ Shipping Service user You can check and contact Your website/Shopping mall where you ordered.
Article 11 (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 5 business days from the date on which it had received the payment.
Article 12 (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 not send any profit-making emails which are not wanted by Users.
Article 13 (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 14 (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 15 (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 05, 2014.