Terms and Conditions of Use
Article 1 (Purpose)
The purpose of the following Terms and Conditions of Use(‘T&C’) is to
establish guidelines on rights, duties and responsibilities of cybermall Users
utilizing the internet-related services (hereinafter referred to as the
‘Services’) provided by the cybermall (hereinafter referred to as the ‘k-cosmetics’)
operated by company (k-cosmetics.pvt.ltd).
『Unless transactions contradict its properties, the
following terms apply to e-commerce transactions utilizing methods of PC
communication, wireless and others』
Article 2 (Definition)
① ‘K-Cosmetics’
refers to a virtual business site established by company to trade goods or
services (hereinafter referred to as ‘Goods and Services’) using computers and
information communication facilities to provide Goods and Services to Users. The
term can also be defined as a company operating a cybermall.
② ‘User’
refers to a Member and Non-Member who has accessed the ‘Mall’ to use the
services provided by the ‘Mall’ in accordance with this T&C.
③
‘Member’ refers to a person who subscribes to become a Member by providing
personal information to the ‘Mall’ and receive information about the ‘Mall’ and
become a continual User of the services provided by the ‘Mall.’
④
‘Non-Member’ refers to a User of services provided by the ‘Mall’ without
subscription.
Article 3 (Display, Explanation and Amendment of Terms and Conditions of Use)
① The
‘Mall’ shall, for easy recognition by Users, display the contents of this
T&C, name of company and representative, business address(including an
address handling customer complaints), phone number, fax number, email address,
business license number, e-commerce permit number, and the name of personal
information manager on the main page of the ‘K-Cosmetics’. Only the content of
this T&C can be displayed though a link page.
② Prior
to User’s final agreement to this T&C, the ‘K-Cosmetics’ shall provide a
separate link or pop-up screen to obtain User’s verification on the terms of
cancellation rights, delivery responsibilities, refund conditions and other
important details.
③ The ‘K-Cosmetics’
may make amendments within the permissible range without violating applicable
laws such as Consumer Protection Laws, Regulation of T&C Act, e-commerce
Transaction Act, Electronic Signature Act, Information and Communication
Network Promotion Act, Door-To-Door Sales Act, and other related Consumer
Protection Laws.
④ The ‘K-Cosmetics
’ shall specify the effective date and the reasons for amendment of the terms
and have post on the initial screen for 7 days prior to effective date until
the day before the effective date.
If the amendment is modified to the User’s disadvantage, then the ‘Mall’ shall
grant at least 30 days of grace period for notice. In this case, the ‘K-Cosmetics’
shall clarify the ‘before and after’ changes in an ‘easy-to-understand’ manner.
⑤ When
the K-Cosmetics l’ makes an amendment to the T&C, the modified T&C
shall be applied only to contracts concluded after the effective date, whereas
all contracts concluded before the effective date will remain under the
provisions of the old T&C. However, if the User who has already signed the
contract wishes to have the amendments administered, then the User may send
his/her intent to the ‘K-Cosmetics l’ and acquire consent from the ‘K-Cosmetics’
within the notice period stated in Clause ③ and it shall be applied
accordingly.
⑥ Any information
not specified and interpreted in this T&C shall be in accordance with the
e-commerce Transaction Guidelines and Related Consumer Protection Acts provided
by the Fair Trade Commission and other applicable Consumer Protection Laws and
Regulation of T&C Act.
Article 4 (Provision & Replacement of Service)
① The ‘K-Cosmetics’
shall perform the following duties:
1. Provide information regarding Goods and Services and conclude purchasing
contracts.
2. Deliver Goods and Services on purchase contract.
3. Other duties designated by the ‘K-Cosmetics.’
② The ‘K-Cosmetics’
may replace Goods and Services provided in future T&C in the event that
Goods and Services are sold out or technical specifications are revised. In
this case, the ‘K-Cosmetics’ shall immediately announce the replacement of
Goods and Services and the date of application on the page where present Goods
and Services are displayed.
③ In the
event that Goods and Services are replaced because of a change in technical
specifications or when Goods and Services are sold out, the ‘K-Cosmetics’ shall
immediately notify the cause of replacement to the addresses of the Users.
④ Following
the previous Clause, the K-Cosmetics l’ shall compensate for all damages
caused. However, this shall not apply if the ‘K-Cosmetics l’ proves that such
event is not caused by its intention or negligence.
Article 5 (Suspension of Service)
① The ‘K-Cosmetics’
may temporarily suspend its services as a result of the following reasons:
maintenance of computers and telecommunications equipment, replacement or
damage repairs, and interruption of communication.
⑤ The ‘K-Cosmetics’
shall compensate User or any Third Party Member of damages caused by the
temporary suspension of services due to reason(s) detailed in Clause ①. However, this shall not apply if the ‘K-Cosmetics’ proves that such event is not caused by its intention or negligence.
② In the
case of a conversion of business item, abandonment of business, merging between
businesses and for other various reasons, the ‘K-Cosmetics’ shall notify the
consumer as specified in Article 8 and reward consumer in accordance with the
conditions suggested by the original ‘K-Cosmetics’. However, if the ‘K-Cosmetics’
does not advise such standard of compensation, the ‘K-Cosmetics’ shall pay
Users for their mileage or reserve in kind or cash of which value corresponds
to the currency being used at the ‘K-Cosmetics.’
Article 6 (Membership)
① The
User shall apply for Membership by expressing his/her intent to agree to this
T&C after filling out the form designated by the K-Cosmetics l’ with
Member’s personal information.
② The ‘K-Cosmetics’
shall register all Users who apply for Membership in the manner stipulated in
Clause ① unless the User is not engaged in one of the
following issues:
1. After the applicant has lost Membership for reasons indicated in Article 7
Clause ③, the applicant may acquire approval to re-subscribe for Membership three years after the loss
of Membership.
2. Entry of false information or omission in the registration form.
3. If deemed that registering the User would result in significant hindrances
to the ‘K-Cosmetics.’
③
Establishment of Membership becomes effective at the time that the Member
receives the ‘K-Cosmetics’s approval of Membership.
④ The
Member shall immediately notify any changes in his/her personal information to
the ‘K-Cosmetics’ in accordance with Article 15 Clause ① through email or other methods of
communication.
Article 7 (Withdrawal from Membership & Loss of Eligibility)
① Members
of the ‘K-Cosmetics’ may request, at any time, to withdraw from Membership and
the ‘K-Cosmetics’ shall immediately process the request.
② The ‘K-Cosmetics’
may limit or suspend Membership for the following reasons:
1. Entry of false information or omission in the registration form.
2. If the purchase payment of goods and other ‘K-Cosmetics’ usage related
liabilities have not been paid for before the appointed date.
3. If Member interferes with others to use the ‘K-Cosmetics’ or threatens the
order of e-commerce (such as the illegal use of personal information).
4. If Member uses the ‘K-Cosmetics’ to act against public order and morals
prohibited by the law and this ‘T&C.’
③ The ‘K-Cosmetics’
may forfeit Membership of the Member whose Membership was suspended or limited,
if the same actions are repeated twice or more, or if the cause is not
corrected within 30 days.
④ When
the ‘K-Cosmetics’ forfeits Membership, all information will be cancelled. Prior
to cancellation, the ‘K-Cosmetics’ shall notify the Member and give at least 30
days or more to grant an opportunity to explain the cause.
Article 8 (Notification to Members)
① Any notifications from the ‘K-Cosmetics’ will be sent to the email
address designated in advance by the Member during registration.
②
In the event of sending notifications to unspecified Members, a display of
notifications on the notice board on the website for 1 week or more may replace
sending emails. However, the ‘Mall’ shall send individual notice to a Member in
regards to matters which may have a significant influence in his/her
transaction.
Article 9 (Application for Purchase)
The User shall apply for purchase in the following manner or in a similar
manner, and the ‘K-Cosmetics’ shall provide the User with the following
information in an ‘easy-to-understand’ manner to aid in his/her request for
purchase. However, Members are exempt from items 2 and 4 below.
1. Search and select Goods and Services
2. Enter name, address, phone number, email address (or mobile phone number)
3. Confirm matter(s) in respect to the contents of this T&C, limited
cancellation policies, delivery fees, installation fees, and others
4. Express agreement to this T&C and confirm or refuse the above Item 3
(ex. mouse click)
5. Apply and confirm purchase of goods; Agree to allow confirmation of
application from the ‘K-Cosmetics’
6. Select payment method
Article 10 (Conclusion of Contract)
① The ‘K-Cosmetics’
may not accept request for purchase in Article 9 if it falls under one of the
following items. In the event of concluding a contract with a minor, the ‘K-Cosmetics’
shall notify that the failure to acquire agreement from a legal representative
may cause cancellation of the contract by the minor him/herself or the legal
representative.
1. Entry of false information or omission in the registration form
2. Purchase of cigarettes and liquor and other Goods and Services prohibited by
the Youth Protection Law
3. If deemed that accepting application for purchase may cause technical
problems to the ‘K-Cosmetics’
② The contract
is deemed to be concluded when the acceptance of the ‘K-Cosmetics’ is delivered
to the User in the form stipulated in Clause ① of Article
12.
③ The
acceptance of the ‘K-Cosmetics’ shall include confirmation on the User’s
request for purchase, availability of sales, and correction or cancellation of
the request for purchase.
Article 11 (Payment Method)
The method of payment for Goods and Services purchased through the ‘K-Cosmetics’
may be selected from the following items. The ‘K-Cosmetics’ may not collect any
additional fees regarding payment for Goods and Services.
1. Account transfer through phone banking, internet banking, mail banking and
others.
2. Card payment through prepaid card, debit card, credit card, and others.
3. Online bank transfer
4. Electronic money
5. Payment upon receipt
6. Mileage points or points offered by the ‘K-Cosmetics’
7. Gift voucher contracted or approved by the ‘K-Cosmetics’
8. Other means of electronic payment
Article 12 (Notice of Receipt, Change and Cancellation of Application for
Purchase)
① The ‘K-Cosmetics’
shall send a notice of receipt to the User after receiving the User’s
application for purchase.
② In the
case of a discord between the User’s intent and the received notice, the User
may change or cancel the application for purchase immediately after receipt. If
the request for change or cancellation is made prior to delivery, the ‘K-Cosmetics’
shall process the request accordingly without any delay. In the event that
payment has already been made, User shall follow the guidelines detailed in
Article 15 - Cancellation of Purchase.
Article 13 (Provision of Goods and Services)
① Unless
otherwise specified, the ‘K-Cosmetics’ shall take necessary measures such as
customizing production and packaging and deliver Goods and Services within 7
days from the date of purchase. However, if the ‘Mall’ has already received
payment in whole or in part, then delivery shall be processed within 2 business
days from the date of receipt. In such instances, the ‘K-Cosmetics’ shall take
necessary measures to inform the User on procedures of provision and delivery
status of Goods and Services.
② The ‘K-Cosmetics’
shall specify delivery method, payer, and delivery time for each delivery
method for the Goods and Services purchased by the User. In the event that the
‘K-Cosmetics’ exceeds the designated period of delivery, it shall compensate
the User for damages. However, 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 Goods and Services are sold-out or unavailable and cannot
be provided or delivered to a User who applied for purchase, the ‘K-Cosmetics’
shall notify the User without any delay, and if payment for Goods and Services
has already been made in advance, the ‘Mall’ shall take necessary measures or
refund payment within 2 business days from the date of receipt.
Article 15 (Cancellation of Purchase)
① The
User who purchased Goods and Services by concluding the contract with the ‘K-Cosmetics’
may cancel purchase within 7 days from the date on which the User received the
notice of receipt.
② The
User may not return or exchange Goods and Services in the event of one of the
following reasons:
1. Delivered Goods lost or damaged at the fault of the User (however,
cancellation of purchase may be acceptable if packaging was damaged in the
process of checking content)
2. Significant decrease in value of Goods and Services due to partial use or
consumption by the User
3. Not available for resale due to a significant decrease in value of Goods and
Services from lapse of time
4. The Goods may be replaced by Goods showing the same performance, but
packaging of the original is damaged
③ In the
case of items 2 or 4 of Article 2 Clause ②, the cancellation of purchase by
User will not be limited if the ‘Mall’ failed to clearly specify the fact that cancellation of purchase is limited or that it would
take necessary measures to provide the Goods.
④ Despite
Clause ① and ②, the User may cancel his/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/she
recognized or could have recognized that Goods and Services differ from the
advertisement or the provision of contract.
Article 16 (Effect of Cancellation of Purchase)
① In the
event of a return of Goods from a User, the ‘K-Cosmetics’ shall refund payment
of Goods within 3 business days. In the event of a delay in refund, the ‘K-Cosmetics’
shall pay User with the interest calculated by the number of days delayed with
the overdue interest rate set by the Fair Trade Commission.
② In
regards to the above-mentioned case, if the User made payment of Goods with
credit card or electronic money, the ‘K-Cosmetics’ shall immediately request
the business who provided such payment method to suspend or cancel payment.
③ In the
event of any cancellation of purchase, the User shall bear the costs arising
from returning the Goods. On the account of the User’s cancellation of
purchase, the ‘Mall’ shall not claim charge for cancellation or compensation
for damage. However, in the event of a cancellation of purchase caused by a
discord in the contents of Goods and the advertisement or the provision of
contract, the ‘Mall’ shall bear the costs of returning the Goods.
④ If the
User bore the delivery fees when he/she received the Goods, the ‘Mall’ shall
specify and make noticeable as to who would bear the delivery fees upon
cancellation of purchase.
Article 17 (Protection of Personal Information)
① The ‘K-Cosmetics’
collects a minimum amount of information necessary to execute the purchase
contract with Users. The following items are necessary information and others
are optional.
1. Name
2. Address
3. Phone number
4. Preferred ID (for Members)
5. Password (for Members)
6. Email address (or mobile phone number).
② The ‘K-Cosmetics’
must obtain approval from User when collecting personal information used for
identification/verification of User.
③
Personal information may not be used for any other purposes or be provided to
any Third Party without the approval of the User, and the ‘K-Cosmetics’ shall
be responsible for any violation of the matter. Except for the following case
items:
1. For delivery of Goods, the ‘K-Cosmetics’ provides the delivery service
provider with minimum information of User(name, address, phone number) to
perform such duty
2. For statistics, academic research or market research purposes, using the
information provided in a form where individuals are not identifiable
3. For transacting payment of Goods requiring personal information
4. For personal identification purposes to prevent illegal use of personal
information
5. For an inevitable case by regulation of law or legislation
④ In the
event that the ‘K-Cosmetics’ is required to acquire the approval of User by
Clause ② and ③, the ‘K-Cosmetics’ shall specify its personal information manager
(affiliation, name, phone number, other contact information), purpose of collection and use of information, information
about Third Party (recipient, purpose of provision and the information to be
provided), and the provisions stipulated in Clause ② of Article 22 of the Law related to the Stimulation of Use of Information and Communication Network & Information
Protection. The User may at any time cancel his/her approval.
⑤ User
may, at any time, request for confirmation and correction of error in their
personal information possessed by the ‘Mall,’ and the ‘K-Cosmetics’ 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 error is corrected.
⑥ For
protection of personal information, the ‘K-Cosmetics’ shall limit the number of
managers and be responsible for any damages caused by loss, disclosure or
falsification of personal information of the User which includes credit card
and bank account information.
⑦ The ‘K-Cosmetics’ or any Third Parties who received personal
information from the ‘Mall,’ shall without any delay destroy all personal
information once the purpose of collection has been achieved.
Article 18 (Obligations of the ‘K-Cosmetics’)
①
The ‘K-Cosmetics’ shall not take any actions against public policy or actions
restricted by the law and this T&C. The ‘K-Cosmetics’ shall put its best
efforts in providing Goods and Services on a stable basis in accordance with
the provisions in this T&C.
② The ‘K-Cosmetics’
shall be equipped with a security system to protect personal information of
Users (including credit information) and provide a safe environment for Users
to use the online services.
③ In
accordance with Article 3 of the Law related to 『Fairness
of Display and Advertisement』, the ‘K-Cosmetics’ shall be responsible to compensate
User(s) if damages were caused by displaying or adding unjust or unreasonable
advertisement for certain Goods and Services
④ The ‘K-Cosmetics’
shall not send any profit-making emails which are not wanted by Users.
Article 19 (Obligations for ID & Password of Member)
① Member
shall be responsible for the management of his/her ID and password, except for
the case in Article 17.
② Member
shall not allow any Third Party to use his/her ID and password.
③ When a
Member recognizes that his/her ID and/or password is stolen or is being used by
a Third Party, the Member shall immediately notify the ‘Mall’, and follow the
instructions of the ‘K-Cosmetics.’
Article 20 (Obligations of User)
Users shall not:
1. Register false information at the time application or revision of
information
2. Use others’ personal information
3. Change information displayed on the ‘K-Cosmetics’
4. Remit or display information (computer program and others) other than the
information put on by the ‘K-Cosmetics’
5. Infringe copyright or intellectual property rights of the ‘K-Cosmetics’ or
the Third Party
6. Take any action that harms the reputation and interrupts the operation of
the ‘K-Cosmetics’ or a Third Party
7. Disclose or display any information containing indecent or violent message,
video, voice, and other information going against good public order and morals.
Article 21 (Relationship between Linking Mall & Linked Mall)
① In the
event that the main mall and the sub-mall are linked with a hyperlink (ex. the
subject of hyperlink includes text, image and video), the former is called as
the Linking Mall (www.k-cosmetics.co.kr) and the latter is called as the Linked
Mall (www.k-cosmetics.co.kr).
② If the
Linking Mall specifies and notifies the fact that it is not responsible for any
transaction with the User for any Goods and Services independently provided by
the Linked Mall on the initial page of the website of the Linking Mall or a
pop-up window, then the Linking Mall is not responsible for such transaction.
Article 22 (Copyright & Limitation of Use)
① The
copyright and other intellectual property rights for the works produced by the
‘Mall’ shall belong to the ‘Mall.’
② The
User may not use or cause any Third Party to use information with intellectual
property rights belonging to the ‘Mall’ for reproduction, transmission,
publishing, distribution, broadcasting or other profit-making use without prior
consent of the ‘K-Cosmetics.’
③ The ‘K-Cosmetics’
shall notify the User when using the copyright belonging to the applicable User
in accordance with mutual T&C.
Article 23 (Resolution of Dispute)
① The ‘K-Cosmetics’
shall apply and reflect the opinion or complaint made by User(s), and install
and operate a process for compensation of consumers’ damages.
② The ‘K-Cosmetics’
shall give priority to any opinion or complaint made by User(s). However, in
the event that it may not be able to promptly deal with the matter, the ‘K-Cosmetics’
shall notify the User with the cause and the final settlement schedule.
③ When a
User files for Remedy of Damage regarding a dispute between the ‘Mall’ and the
User, the matter may be commissioned for arbitration by the Fair Trade
Commission or a Dispute Conciliation Services Organization selected by the City
Mayor.
Article 24 (Jurisdiction & Governing Law)
① All
e-commerce related lawsuits between the ‘K-Cosmetics’ and a User shall be in
accordance with the address of the User at the time of indictment. If an
address is nonexistent, then the lawsuit shall fall under exclusive
jurisdiction of the district court in the vicinity of User’s place of
residence. In the event that the address or residence of the User is not clear
at the time of indictment or if User is a foreign resident, the lawsuit shall
be filed to the competent court on the Civil Procedures Code.
② Any and
all e-commerce-related lawsuits between the ‘Mall’ and a User shall be governed
by the law of the Republic of Korea.
** Supplementary Provision (15th August 2015)
This T&C shall be effective from 15th August 2015.