Standard Agreement #10023 Internet Cyber Mall
>> Custom House Corporation's internet shopping
mall follows the standard terms of agreement regulated by the Fair
Trade Commission.
Custom House Terms of Agreement's date of enactment : November
5, 2003
Custom House Terms of Agreement's date of amendment : June 15, 2007
Revised Terms of Agreement's application : starting June 22, 2007
Reason for the revision : Changes made in the related laws and ordinaces
and amendments on the
Personal Information Protection Policy.
FAIR TRADE COMMISSION
Standard Agreement #10023
Internet Cyber Mall
1. PURPOSE
This agreement is here to list the user and the store's rights,
liability and responsibilities for the internet service
(the "Service") provided by cyber mall (the "mall")
of Custom House.
* This agreement applies to the electronic transactions by internet
as long as its main nature
remains same.
2. DEFINITION
a. "Mall" is a virtual business property set up by Custom
House to offer goods or service to users
through computer or internet. It is also used to describe the owner
who operates the cyber-mall.
b. "Users" are the members or non-members who connect
to this "mall" and receive the service
offered by this "mall" under this agreement.
c. 'Member' is the one who provided personal information to register
at the "mall" and receives
the continuous service.
d. 'Non-member' is the one who didn't register at the "mall"
and receives the services offered
by the "mall".
3. INDICATION AND REVISION OF THE AGREEMENT
a. "Mall" should list the full agreement, trade name
and name of the representative, address of
the place of business (including the address for customer service),
telephone number, e-mail
address, permit ID number, internet business ID number, and the
name of personal information
manager on the first screen of the Custom House's cyber mall. However,
the full agreement can
be listed where the user can follow a link to.
b. "Mall" must ask for the user's confirmation before
they agree to the agreement by offering
the terms of condition on important terms such as cancellation of
contract, responsibility for
shipping and refunds on a separate linked page or pop-up windows.
c. "Mall" can make revision to these terms of conditions
under such laws as the internet customer
protection law, law on agreements control, basic law of internet
transactions, internet usage
promotion law, door-to-door sales law, and customer protection law.
d. When "mall" makes a revision or amendment to this
agreement, the reason of the revision or
amendment and the starting date of the revised agreement application
must be put on the bulletin
board for 7 days before the new application date.
e. When "mall" makes a revision or amendment to this
agreement, the new agreement is only applied
to the contracts or business concludes after the new agreement's
application date. Any business
concluded before the date of application of the new agreement should
follow the former agreement.
If the user who has concluded the business before the new agreement,
however, wants to receive
the new amendment's application and has sent out one's will to the
"mall" within the period of
notification and the "mall" has agreed, one may receive
the application of the new agreement.
f. Regarding the subject not covered by this agreement or the translation
of this agreement should
follow the law of internet service customer protection established
by the government or the
preceding course of business.
4. SERVICE AND MODIFICATION
a. "Mall" performs following business
1. offering of the information regarding goods and services and
conclusion of the transaction;
2. shipment of the concluded transaction's goods or service;
3. any other business provided by the "mall".
b. When the goods or offering of service are sold out or modified
due to the changes in the
technology the "mall" has rights to change the description
of the goods that will be provided
for the future transactions. In this case, detailed description
and the offered dates of the
changed goods or service should be clarified and immediately notified
where the goods or
services are offered currently.
c. When "mall" changes the description of the service
already sold to the user due to
discontinued products or changes made in the technology, the reason
should be notified to
the user's chosen contact address.
d. In the case of previous term, "mall" must compensate
for the user's loss by this circumstance
unless the "mall" is proven unintentional or not at fault.
5. TERMINATION OF THE SERVICE
a. "Mall" is allowed to temporarily stop providing the
service when there is a breakdown,
replacement or inspection of the internet service equipment or transmission
interruption.
b. "Mall" should compensate for the user's loss caused
by temporary discontinuation of the service
by the reason described in the clause 'a', unless the "mall"
is proven unintentional or not at
fault
c. If service can not be offered because of the reasons such as
changes in the lines of business,
business resignation, merge between businesses, the "mall"
must notify the users by the way
described in the term 8 and make amends for users by following the
terms of condition offered.
However, "mall" has not notified the standards of compensation,
cash or goods must be compensated
to meet the user's mileage or bonus points used as currency of the
"mall".
6. REGISTRATION OF MEMBERSHIP
a. User applies for the registration of the membership by declaring
the intention of approval of
the agreement and record the information following the registration
form offered by the "mall".
b. "Mall" should register the members who have applied
if they do not fall under the following
clauses:
1. The applicant has lost the membership by the article 7, clause
3. It is acceptable If the
applicant has lost the membership by the article 7, clause 3 but
3 years has passed since and
the "mall" has agreed for the re-registration of the membership.
2. The applicant has submitted false information, omission or an
error.
3. There is an obstacle in the technology of the "mall"
to register the applicant as a member.
c. The contract of the membership is finalized when the "mall"'s
approval has reached the member.
d. Members are required to notify the "mall" through e-mail
when there is a change in the
application by the article 15, clause 1.
7. WITHDRAWAL OF MEMBERSHIP OR LOSS
OF QUALIFICATION
a. Members can ask for the withdrawal of the membership to the
"mall" any time and the "mall"
should conduct the withdrawal immediately.
b. If the member falls under the following clauses, "mall"
can limit or disqualify the membership:
1. The member has submitted false information.
2. The member has purchased the goods or services and has not paid
the due in given period.
3. The member interferes with other person from using the "mall"
or plagiarized and threatened
the order of internet transaction.
4. The member used the "mall" to perform an action that
is prohibited by this agreement or
good public order and customs.
c. "Mall" is allowed to seize the membership if the membership
has been limited or paused and
the member has repeated the action or it hasn't been corrected within
30 days.
d. When "mall" forfeits the membership, the registration
is canceled. In this case, it should
be notified to the member and bestows a chance for an explanation
within at least 30 days.
8. NOTIFICATION TO MEMBERS
a. When "mall" notifies the members, it can be done through
the e-mail address both the member
and the "mall" agreed upon.
b. "Mall" can substitute the notification to unspecified
large number of members by posting up
the notice for more than a week on the "mall". However,
it must be notified personally if it
makes a huge affection on the member's transaction.
9. REQUEST OF PURCHASE
The users of the "mall" may request to purchase by following
or similar ways and the "mall"
should offer the following ways of purchase in the form of easy
understanding. However, if
one is a member they may exclude the clause (b) and/or (d).
a. Search or choose products.
b. Inputting information such as name, address, phone number and/or
e-mail address
(or mobile phone number).
c. Confirmation of the terms of agreement, service excluding the
rights of cancellation,
and fees such as shipping fee or installation fee.
d. Agree to this term of agreement and indicate to either agree
or refuse to the clause (c).
(For example, a mouse click)
e. Agree to confirm the request to purchase of a product or confirmation
of the "mall".
f. Choose the form of payment
10. COMPLETION OF CONTRACT
a. The "mall" may not agree to the request of purchase
like the Term #9 if it is qualified in any clauses following.
However, when contracting a contract with a minor, description on
how the contract can be cancelled by the minor or legal
representative if agreement of the legal representative is not earned
must be notified.
1. there is false submission, omission or an error;
2. under-aged (minor) user is purchasing the goods like alcohol
or tobacco or service
prohibited by the law of juvenile protection;
3. there is an obstacle in the technology of the "mall"
to approve the request for purchase.
b. The contract is finalized only when the agreement of the "mall"
in the form of the clause (a)
in the term #12 has arrived at the user.
c. The indication of agreement of the "mall" must include
information on the confirmation of the
user's request of purchase and availability of the requested goods
or service, correction and
cancellation of the request of purchase.
11. METHOD OF PAYMENTS
Payments for the goods of services purchased from the "mall"
may be made by one of the following
methods. However, no forms of fee may be added to the form of payment
of the user of the "mall".
a. Bank transfer such as phone-banking, internet banking, or mail
banking.
b. Card payment such as pre-paid card, debit card, or credit card.
c. On-line deposit without the bank account.
d. Payment by electronic currency.
e. Cash on delivery.
f. Payment by points given by the "mall" such as mileage.
g. Payment by gift cards the "mall" has approved or has
contracted with.
h. Any other form of electronic payment.
12. RECEPTION CONFIRMATION NOTIFICATION / MODIFICATION OF PURCHASE
REQUEST OR CANCELLATION
a. "Mall" should notify the user if the request of purchase
has been received.
b. User may change or cancel the request immediately after receiving
the notification of
confirmation of reception from the "mall" and the "mall"
must execute following the request
if the goods has not been shipped yet. However, if the payment was
made already, agreements
of Term #15 should be followed.
13. SHIPPING
a. Unless there is any separate agreement on the shipping period
of goods with the user, the
"mall" should manage any necessary steps such as order
and make or packaging so it can be
shipped within 7 days of request of purchase. However, if the "mall"
has received either
full or partial payment already it should be managed to ship within
2 business days of the
full or partial payment. In this step, the "mall" should
manage to let the user check the
procedures and the progress of the product.
b. The "mall" must clarify the shipping method, shipping
fee for each method, and shipping
period for each method. If the "mall" has exceeded the
agreed shipping period, a compensation
must be made for the user's loss unless it is proven unintentional
or not at fault.
14. REFUND, EXCHANGE AND RETURN
In case of discontinuance of a product or service and can not offer
it, the "mall" should
immediately notify the user and if the payment was already received,
it should be refunded
or manage to run necessary steps to refund within 2 business days.
15. WITHDRAWAL OF CONTRACT AND MORE
a. When the user has concluded a contract regarding a purchase
of products with the "mall",
user has rights to cancel the contract within 7 days of notice of
reception.
b. The user can not request a refund or return after the products
have arrived if it falls
under any of the following clauses:
1. Goods have been damaged by the user. (However, the user can withdraw
the contract if only
the package has been damaged in the process of checking the contents.
2. Goods have been used by the user and the value of the goods has
decreased considerably.
3. The value of the goods has decreased considerably in time and
can not be resold again.
4. In case of the goods those can be reproduced, the original goods'
package has been damaged.
c. In case of the Term (b), #2 and/or #4, if the "mall"
has not clarified the fact that the
goods are not returnable beforehand or not offered any test samples,
the user's right to
refund or return is not limited.
d. Even in spite of the Term (a) and Term (b), if the goods are
different from the description
from advertisement, or processed differently from the contract,
the contract can be cancelled
within 3 months of reception, and within 30 days of the time the
user found out or was able to find.
16. EFFECTION OF THE WITHDRAWAL OF
CONTRACT
a. The "mall" should give refunds of the returned products
within 3 business days of reception.
In the case of delayed refund, the "mall" should apply
the delay-interest rate set by the Fair
Trade Commission to the period of delay.
b. When the user has used a credit card or electronic currency to
make a payment, the "mall"
should immediately request a cancellation of the payment to the
company who offered the payment
system.
c. The user should pay for the shipping fee necessary for returning
the goods in case of
cancellation of contract. The "mall" should not bill the
user any penalty fee or compensation
for damage for withdrawal of contract.
d. In the case of when the user has paid for the shipping fee for
the goods, the "mall" must
clarify who will be responsible for that fee in the case of withdrawal
of contract.
17. PRIVACY POLICY
a. "Mall" should only collect the minimal information
necessary to carry out the contract of
purchase.
The following subjects are required and subjects not listed here
are optional:
1. Name
2. Social security number or Foreigner ID number
3. Address
4. Telephone number
5. Desired ID (Members only)
6. Password (Members only)
7. E-mail address (or Mobile number)
b."Mall" must receive the user agreement when collecting
personal information that makes personal
identification possible.
c. The personal information is not to be shared with third party
without the user's consent and
the "mall" is responsible for this. However, the following
clauses indicate exceptional
circumstances:
1. in the process of business, sharing the minimum information of
the user (name, address,
and phone number) with the shipping company
2. personal information is shared in a way not being able to identify
specific person for
the purpose of making out a statistics, study or marketing research.
3. when it's needed for the settlement of account for the payment
for the transaction.
4. it is necessary to identify the user in order to prevent the
identity theft.
5. in inevitable circumstances of the regulation of the law or by
law.
d. When the "mall" needs user agreement by the clause
(b) and (c), personal information manager's
identification (belonging, name and telephone number, and other
contact information), the reason
for the collection of the information, information regarding the
sharing with third party
(recipients, reason of sharing, list of information that will be
shared) and by the law from the
Association of information and telecommunication Article 22, clause
2, must be clarified
beforehand and the user may withdraw the agreement any time.
e. User has rights to request the "mall" to view or modify
own personal information and the
"mall" must carry out the request immediately. "Mall"
is not to use the personal information
that has been requested to be modified until the modification is
completed.
f. "Mall" must limit the number of managers to protect
the personal information and must
minimize the number. "Mall" must be responsible for any
loss of user caused by loss, stolen,
drained, forged personal information including the credit card and
bank account number.
g. "Mall" must immediately destroy the personal information
when the purpose has been accomplished.
18. DUTY OF THE "MALL"
a. "Mall" should not perform any act that is prohibited
by this agreement or the good public
order or customs and by following this terms of services "mall"
must do its best to provide
the goods and services.
b. "Mall" should be equipped with the security system
to protect the personal information
(including the credit information) in order for the users to use
this internet service with
confidence.
c. "Mall" should be responsible for the loss of user caused
by improper advertisement or
gesture regulated by the 'Law of manifestation and advertisement'
article 3.
d. "Mall" should not send out the advertisement e-mail
if the user does not want.
19. ID AND PASSWORD
a. With an exception of the article 15, members are responsible
for their own ID and password.
b. Member should not share ID and password with anyone else.
c. If member acknowledged the stolen usage of own ID or Password
by another person one should
notify the "mall" and follow "mall"'s guidance.
20. DUTY OF USER
Users should not perform the following acts:
a. registration of false information when requesting or modifying;
b. modification of the information posted on the "mall";
c. sharing or posting the information prohibited by the "mall";
d. violation of the "mall" and others' copyrights and
intellectual property rights;
e. an act of disturbing the business or damaging the reputation
of the "mall";
f. sharing or posting the information prohibited by the good public
order and customs such as
pornography, violent message, pictures or sound clips.
21. LINKS (CONNECTING MALL AND CONNECTED
MALLS)
a. Main "mall" and the sub "mall" is connected
by hyper link (hyper link includes the text,
image or video) the first is called connecting "mall"
and the next is called connected "mall".
b. Connecting "mall" is not responsible for the transactions
made through the connected "mall"
unless the connecting "mall" indicates it so on the web
site.
22. PROPRIETARY RIGHTS AND LIMITATION
a. "Mall" has the copyrights and intellectual property
rights on any works made by the "mall".
b. Users can not use the information obtained by using the "mall"
for the intention to make
profit by duplication, transmission, publication, distribution,
broadcast or any other method
without first obtaining the consent from the "mall".
c. "Mall", by the agreement, must notify the user in case
of usage of copyright belonging to
the user.
23. RESOLVING FEUD
a. "Mall" should reflect upon the justifying opinion
or discontent presented by the user and
should install and run the casualty compensation management organization
to compensate the
casualties.
b. "Mall" should prioritize the managing of any discontent
presented by users. When, however,
immediate action can not be performed, the "mall" must
notify the user of the reason and
expected date of performance.
c. Any feud originated between the "mall" and the user
may follow the regulation of the
Electronic Commerce Mediation Committee installed by Electronic
Commerce Basic Law, article 28.
24. JURISDICTION AND PROPER LAW
a. Any electronic commerce dispute between the "mall"
and the user depends on the user's
address in time of filing and if address can not be found, the district
court's exclusive
jurisdiction will be applied. However, if the user's address or
residency is not clear in
the time of filing the law suit or in case of international resident,
it will be filed at
the jurisdiction court according to The Code of Civil Procedure.
b. A lawsuit regarding the electronic commerce feud originated
between the "mall" and the
user must be applied with Korean Law.
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