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 AboutBlank & Co. (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. 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 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 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
December 01, 2004.