Terms and conditions (Internet cybermall: Gangnam Online)
Article 1 (Purpose) These terms and conditions seek to define the rights, duties, and responsibilities of the cybermall operator and users concerning the Internet-based services (“services”) provided by the ‘Gangnam Online’ cybermall (“mall”) operated by ‘Gangnam Online’ company (e-commerce operator).
※ These terms and conditions shall apply to e-commerce transactions using PC or wireless network except when the former run counter to the latter’s nature.
Article 2 (Definition)
① Mall shall mean a virtual store set up to trade goods, etc., using ICT facilities such as computers in order for ‘Gangnam Online’ company to offer its goods or services (“goods, etc.”) to its users, including the business that operates such cybermall.
② Users shall refer to members or non-members provided with the services offered by the mall based on these terms and conditions when they access the mall.
③ Members shall pertain to those who have registered as member of the mall to be able to use the services provided by the mall continually.
④ Non-members shall mean those who use the mall services without registering as member.
Article 3 (Display, explanation, or amendment of the terms and conditions) – Omitted
Article 4 (Provision or change of services)
① The mall shall perform the following functions:
1. Provision of information concerning goods or services or conclusion of purchase contracts;
2. Delivery of goods or services as contracted; and
3. Other functions provided by the mall
② The mall may revise the details of the goods or services to be provided based on contracts to be concluded in the future, including changes in the quality or technical specifications of the goods or services. In such case, the mall shall immediately publish the details and offering date of the revised goods or services at the spot where the details of the current goods or services are displayed.
③ When the details of goods, etc., contracted between the mall and users are changed because their quality or technical specifications are changed, the mall shall immediately notify the users of the cause using their available address.
④ In cases falling under the foregoing paragraph, the mall shall compensate for damages suffered by the users due to the change. Note, however, that this shall not apply to cases wherein the mall proves that it has not made such change intentionally or due to negligence.
Article 5 (Discontinuance of services)
① The mall may temporarily discontinue its services due to causes such as those related to repair, inspection, replacement, or failure of computers or networks.
② The mall shall compensate for damages suffered by the users or third parties due to the temporary discontinuance of services for any of the reasons set forth in Paragraph 1. Note, however, that this shall not apply to cases wherein the mall proves that it has not cause such damage intentionally or due to negligence.
The mall shall compensate for damages suffered by the consumers as per a notice served to the users pursuant to Article 8 when the mall is rendered unable to provide services for reasons such as business line switching, renunciation of business, or merger with other businesses. Note, however, that the mall shall pay to the users their mileage or accumulated money in cash or in kind if it fails to notify them of the compensation criteria, etc.
Article 6 (Membership)
① Users shall sign up for membership by agreeing to these terms and conditions after entering their membership information in the form provided by the mall.
② The mall shall allow the membership registration unless the user who signs up for membership as set forth in Paragraph 1 falls under any of the following:
1. If an applicant has been deprived of his/her membership by Para 3, Article 7 of these terms and conditions; note, however, that this shall not apply when the mall approves the user’s resubscription among those whose membership was revoked three or more years ago pursuant to Para 3, Article 7
2. If the registration details include fraudulent information, omission of, or mistaken information
3. If the membership registration is deemed by the mall to cause significant technical impediment to the mall
③ The time of membership contract conclusion shall be the time the mall’s approval reaches the member.
④ The members shall notify the mall of any change in their information registered at the time of membership registration by correcting the membership information within a reasonable period.
Article 7 (Withdrawal or disqualification)
① Members may always withdraw their membership, with the mall immediately processing the withdrawal.
② In any of the following causes, the mall may restrict or suspend membership:
1. When the member falsified information in the registration form;
2. When the member defaults in the payment for goods, etc., purchased using the mall or in his liability for using the mall;
3. When the member obstructs mall use by others or threatens the e-commerce order by abusing the mall-provided information; or
4. When the member commits acts prohibited under the statutes or these terms or conditions or which violate public order or social custom.
③ The mall may deprive the member of his membership if the member repeats the act two or more times after his membership is restricted or suspended or fails to correct the cause within 30 days.
④ The mall shall delete the member registration when the membership is revoked. In such case, the mall shall notify the member and grant him an opportunity for clarification at least 30 days before deleting the membership.
Article 8 (Notification concerning membership)
① The mall may send notices to the member using the e-mail address designated by the member as per a prior agreement with the mall.
② The mall may display the details of notification to an indefinite number of multiple members on its bulletin board instead of notifying them individually. Note, however, that the mall shall notify the members individually of matters that wield serious influence on their own transactions.
Article 9 (Purchase offer and consent to the provision of personal information)
① Mall users shall apply for purchase on the mall using any of the following or similar methods and shall provide the following details in an easy-to-understand manner when applying for purchase:
1. Search or selection of goods, etc.
2. Entering the recipient name, address, phone number, and e-mail address (or mobile phone number)
3. Confirmation of details related to the terms and conditions, services whose subscription withdrawal is limited, or bearing of delivery or installation charges or other fees
4. Agreeing to these terms and conditions, confirming or denying information concerning the three foregoing subparagraphs
5. Confirmation of purchase subscription to goods, etc., agreeing to confirmation by the mall
6. Selection of payment means
② In case it needs to provide the purchaser’s personal information to a third party, the mall shall notify the purchaser of the following to obtain his consent: 1) party provided with the personal information, 2) intended usage of the party provided with the personal information, 3) items of information to be provided, and 4) period of retention or use of the personal information by the party provided with the personal information. (This shall also apply to cases wherein the third party is replaced.)
③ The mall shall obtain the purchaser’s consent by notifying the purchaser of 1) the party being entrusted with the handling of personal information and 2) the details of functions entrusted for handling the personal information when the mall entrusts the handling of the purchaser’s personal information to a third party (this shall also apply to cases wherein the third party is replaced). In case of a need to perform the contract on the provision of services, or when it is related to the promotion of the purchaser’s convenience, however, the mall may skip the notification and consent obtaining procedures by announcing its policies concerning personal information handling as set forth in the Act on the Promotion of ICT Network Service and Protection of Information.
Article 10 (Constitution of contract)
① The mall may refuse purchase subscription under Article 9 in any of the following cases: When entering into a contract with a minor, however, the mall shall notify the minor or his legal agent that either may withdraw the contract if the mall fails to obtain the legal agent’s consent.
1. If the subscription details include fraudulent information, omission of, or mistaken information;
2. When a minor purchases goods or services that are prohibited under the Juvenile Protection Act, including cigarettes and liquor; or
3. If its acceptance of the subscription is deemed by the mall to cause significant technical impediment to the mall.
② The contract shall be deemed to have been concluded at the time the user is notified of the mall’s acceptance using the confirmation notice format under Para 1,
③ Acceptance by the mall shall include its confirmation of the user’s purchase subscription and information concerning the availability, correction, or withdrawal of the subscription.
Article 11 (Payment means) Payment for goods or services purchased from the mall may be made using any of the following available means: Note, however, that the mall shall not collect additional charges or fees for the payment means under any pretext in addition to the payment for the goods or services.
1. Phone banking, Internet banking, mail banking, or other wire transfer
2. Prepaid card, debit card, credit card, or other card payment
3. Wire transfer
4. Payment by digital currency
5. Payment upon delivery
6. Payment by mileage points etc., awarded by the mail
7. Payment by coupons contracted with or acknowledged by the mall
8. Payment by other digital payment means
Article 12 (Notice of receipt confirmation, change, or withdrawal of purchase subscription)
① The mall shall notify the user of its receipt of his subscription when the user subscribes to goods or services.
② The user may request for a change to or withdrawal of his purchase subscription immediately upon receipt of the notice from the mall if the user finds any discrepancy in expression of intention. The mall shall, without delay, process the user’s request, if any, received before shipment. If payment has already been made, however, the mall shall follow the provision concerning subscription withdrawal under Article 15.
Article 13 (Supply of goods, etc.)
① The mall shall take the necessary actions, including production order and packing, for the shipment of goods, etc., within 7 days of the user’s subscription unless otherwise agreed upon with the user regarding the time of supply of the goods, etc. When all or part of the payment has already been received for the goods, etc., however, the mall shall take actions within three business days of the date of full or partial payment. The mall shall take appropriate actions so that the user can check the procedure or status of supply of the goods.
② The mall shall specify the delivery means, bearer of the delivery fees, and delivery lead time by means for the goods, etc., purchased by the user. The mall shall compensate for damages suffered by the user because the mall exceeded the agreed-upon delivery period. Note, however, that this shall not apply to cases wherein the mall proves that it has not caused such damage intentionally or due to negligence.
Article 14 (Refund) The mall shall, without delay, notify the user of the cause when the mall is unable to delivery or provide the goods, etc., subscribed to by the user for quality or other reasons. In cases wherein the mall already received payment for the goods, etc., in advance, the mall shall refund the money or take the necessary actions for the refund within three days of the date the payment is received.
Article 15 (Withdrawal of subscription)
① Any user contracting the purchase of goods, etc., with the mall may withdraw the subscription within seven days of the date the contract document is received under Para 2, Article 13 of the Act on the Protection of Consumers in e-Commerce (or the date the goods, etc., are supplied or the supply of the goods, etc., has started when supply occurs a day after the document is received.). Note, however, that the withdrawal of subscription shall be governed by the Act on the Protection of Consumers in e-Commerce.
② The user shall not return or request for the replacement of the delivered goods, etc., in any of the following cases:
1. When the goods, etc., are lost or damaged for reasons attributable to the user (note, however, that the subscription may be withdrawn if the packaging is destroyed to check the contents of the goods, etc.)
2. When the value of the goods, etc., has remarkably decreased due to the user’s use or partial consumption
3. When the value of the goods, etc., has remarkably decreased to a level that makes their resale difficult due to the lapse of time
4. When the packing of the original goods, etc., is damaged in case they can be duplicated to make a copy with the same performance
③ The user’s subscription withdrawal shall not be limited if the mall has failed to indicate the fact that the subscription withdrawal would be restricted in a conspicuous spot in advance or failed to take actions of providing used goods in cases falling under Subparagraphs 2 through 4, Paragraph 2.
④ Notwithstanding Paragraph 1 or 2, consumers may withdraw their subscription within three months of the date the goods, etc., are supplied or within 30 days of the date the fact was known or could be known if the contents of the goods, etc., are different from the contents of their marking or advertisement or subscription has been performed differently from the contract terms.
Article 16 (Effect of withdrawal of subscription)
① The mall shall refund the payment already made for goods, etc., within three days of the date the user returns the goods, etc. When the mall defaults in the refund in such case, it shall pay a delay interest at the rate set forth in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in E-Commerce for the delayed period.
② The mall shall, without delay, request the payment service provider for suspension or cancellation of payment for the goods, etc., when the user has made payment using credit card, digital currency, or other similar payment means.
③ The user shall bear the expenses for returning the shipped goods, etc., in cases wherein his subscription is withdrawn. The mall shall not claim any penalty or damage in relation to the user’s subscription withdrawal. Note, however, that the mall shall bear the expenses for the return of the goods, etc., if the subscription is withdrawn because the goods, etc., are different from the contents of their markings or advertisement, or the contract has been performed differently from the contract terms.
④ The mall shall clearly indicate who shall bear the return expenses when the subscription is withdrawn if the user has paid the shipment expenses.
Article 17 (Protection of personal information)
① The mall shall collect personal information of the users to the minimum extent required for providing the services.
② The mall shall not collect the information required for performing purchase contracts in advance when the user registers as member. Note, however, that this shall not apply when the mall collects the minimum specific personal information required for user authentication to perform its statutory obligations before concluding purchase contracts.
③ The mall shall notify the users of the purpose of collecting or using their personal information to obtain their consent to the collection or use of their personal information.
④ The mall shall refrain from using the collected personal information for unauthorized purposes and shall notify the users of the purpose of collecting or using their personal information to obtain their consent if a new purpose of usage arises or it provides their personal information to a third party at the time the new purpose of usage arises or the information is provided to a third party. Note, however, that this shall not apply to cases where otherwise provided by the relevant statutes.
⑤ To obtain the user’s consent under Paragraph 2 or 3, the mall shall specify or announce the items provided under Para 2, Article 22 of the Act on the Promotion of ICT Network and Protection of Information, including the identify of the mall’s personal information manager (organization, name in full, phone number, and other contact info), purposes of collection or use of information, and information related to the provision of information to third parties (party to which the information is to be provided, purpose, and details of information to be provided).
⑥ The users may always request the mall to allow their review or correct errors in their personal information held by the mall. For its part, the mall shall take the necessary actions for the review or correction without delay. The mall shall not use the personal information until the errors are corrected when the users request for their correction.
⑦ The mall shall restrict its employees who are authorized to handle the users’ personal information to the minimum in order to protect the personal information and shall compensate for all damages suffered by the users due to the loss, theft, leak, unauthorized provision to third parties, forgery, etc., of their personal information, including their credit card and bank account.
⑧ The mall or any third party that has been provided with personal information shall, without delay, destroy the personal information when the purpose of their collection or provision has been achieved.
⑨ The mall shall not set the column or space for agreement to the collection, use, or provision of personal information to be selected in advance. Furthermore, the mall shall specify in detail the services that are restricted when the users refuse to agree to the collection, use, or provision of their personal information. The mall shall neither restrict nor withhold its acceptance of member registration or its provision of services because members refused to agree to the collection, use, or provision of personal information whose collection is not necessary.
Article 18 (Obligations of the mall)
① The mall shall not commit acts prohibited under the statutes or these terms and conditions or which violate public order or social customs. The mall shall do its best to provide goods and services steadily and stably as stipulated under these terms and conditions.
② The mall shall provide a security system for protecting the users’ personal information (including their credit-related information) so that they can use the Internet service safely.
③ The mall shall compensate for the damages suffered by the users by marking or advertising illegal or unfair contents for its goods or services in violation of Article 3 of the Act on Fair Marking and Advertising.
④ The mall shall not transmit e-mails of commercial profit-seeking purposes that the users do not want.
Article 19 (Members’ obligations related to ID and password)
① The members shall be responsible for the safe handling of their ID and password, except for cases under Article 17.
② The members shall not allow any third party to use their ID or password.
③ The members shall immediately notify the mall and follow its instructions upon discovering that their ID or password has been stolen or used by a third party.
Article 20 (Obligations of users) The users shall not commit any of the following acts:
1. Registering false information for subscription or revision
2. Stealing information belonging to others
3. Change of information displayed on the mall
4. Transmission or display of information (computer programs, etc.) other than those determined by the mall
5. Infringement of intellectual property rights belonging to the mall or third parties
6. Acts of damaging the reputation or operations of the mall or third parties
7. Disclosing or displaying on the mall obscene or violent messages, images, sounds or other information violating public order or social customs
Article 21 (Relations between linking and linked malls)
① When higher- and lower-ranking malls are connected by hyperlink (hyperlinked targets include text, figure, and video), the former shall be called the linking mall (website), and the latter shall be called the linked mall (website).
② The linking mall shall not assume responsibilities for endorsing transactions between the linked mall and users on goods, etc., provided by the linked mall when the linking mall specifies the message that it will not assume responsibilities for endorsing such transactions on its initial page or by a popup screen that appears when linked.
Article 22 (Ownership and restriction of copyright license)
① The intellectual property rights to copyrighted works created by the mall shall belong to it.
② The users shall neither duplicate, transmit, publish, distribute, nor use — through broadcasting or other means — nor allow any third party to use information whose intellectual property rights belong to the mall for commercial purposes without prior approval by the mall, among those information acquired by the users in the course of using the mall.
③ The mall shall notify the users when it uses any copyright belonging to them as set forth under the agreement with them.
Article 23 (Settlement of disputes)
① The mall shall organize and operate an organ for handling compensation for damages in order to compensate for damages suffered by the users while reflecting the just opinions or complaints raised by them.
② The mall shall preferentially handle complaints or opinions filed by the users. If it has difficulty handling the complaint speedily, however, the mall shall immediately notify the user of the cause and schedule.
③ The mall may follow the mediation awarded by the Fair Trade Commission or a dispute mediation agency entrusted by mayors or governors when a user files a request for remedy of damages in connection with an e-commerce dispute between the mall and the user.
Article 24 (Court jurisdiction and governing law)
① Any lawsuit filed in connection with any e-commerce dispute between the mall and the user shall be referred exclusively to a court having jurisdiction over the user’s address or to the district court having jurisdiction over the area where the user resides if he/she does not have a registered address. If the user’s address or place of abode is not clear, or the user is a foreigner, however, such lawsuit shall be filed with a court having jurisdiction as determined under the Civil Proceedings Act.
② The Korean law shall apply to any lawsuit filed in connection with the e-commerce transactions between the mall and a user.