TERMS OF SERVICE
Article 1 (Purpose)
The purpose of this Terms and Conditions is to specify the rights and obligations as well as responsibilities of cyber mall and its users when using the Internet related services (hereinafter referred to as “Services”) provided by prdppe.com .
※ Unless otherwise specified to the contrary, these Terms and Conditions shall be applied to the electronic commerce using PC telecommunication and wireless communication.
Article 2 (Definitions)
① “Mall” is a virtual business premises designed for users to transact the goods or services (hereinafter referred to as “Goods”) by using the information and communication equipment, such as, computer from Gentle Monster and it is also used as the business operating the cyber mall.
② “User” is any member or non-member who has access to the services provided by Mall i4 the Terms and Conditions by linking to Mall.
③ “Member” is any person who is registered as a member of Mall by providing the personal information and is eligible to use the services provided by Mall on a continual basis.
④ “Non-member” is any person who uses the services provided by Mall without joining Mall as a member.
Article 3 (Specification, Description, and Revision of the Terms and Conditions)
① “Mall” posts on its initial service screen of 00 Cyber mall with the contents of the Terms and Conditions, name of the Company and representative, address of sales office (including the address of places where the consumer’ complaints may be settled), telephone no. fax no. email address, business registration no., telecommunication sales filing no. and person in charge of managing the personal information so that the users may easily check the information. However, the contents of the Terms and Conditions may be designed so that the users check them through the link.
② Before the user agrees to the Terms and Conditions, “Mall” shall seek the user’s confirmation by providing the separate linked screen or popup screen so that the user may understand the important matters on cancellation of subscription, delivery responsibility and refund conditions among the contents of the Terms and Conditions.
③ “Mall” may revise the Terms and Conditions to the extent that it does not violate the related laws, such as, the Act on Protection of Consumers in Electronic Commercial Transaction, Act on Regulation of Terms and Conditions, Framework Act on Electronic Commerce, Electronic Signature Act, Act on the Promotion of Information and Communication Network, and Act on the Visit Sale and Consumer Protection Act.
④ In the event that “Mall” wants to revise the Terms and Conditions, it shall post the date of application and cause of revision on Mall’s initial screen along with the current Terms and Conditions at least 7 days before its application.
However, when the Terms and Conditions are revised in a way that the revision would make the users disadvantaged, it shall post it at least 30 days prior to the application. In this case Mall shall display the clear comparison between the current ones and the revised ones so that the user may easily under them.
⑤ In the event that “Mall” revises the Terms and Conditions, the revised ones should be applicable to the contracts made after the date of its application. Therefore, the contracts made before the revision would be applied with the previous Terms and Conditions. If the users want to apply the revised ones to their contacts, they may inform their intention to Mall. If their intentions are approved, the revised one would apply.
⑥ Matters not specified in the Terms and Conditions and the interpretation follows the provisions of the Act on the Protection of Consumers in Electronic Commerce, Act on the Regulation of the Terms and Conditions, the Instruction on the Protection of Consumers in Electronic Commerce as specified by Fair Trade Commission, related laws and general commercial practices.
Article 4 (Provision and Modification of Services)
① “Mall” shall carry out the following businesses.
1. Provision of information on goods or services and execution of purchase contracts
2. Delivery of goods or services according to the purchase contract
3. Other matters specified by Mall.
② Mall may change the contents of goods or services to be provided to the users according to the contract to be made in the future when the goods or services are in shortage or there are changes in the technical specification of them. In this case, Mall shall immediately post the modified goods or services and the date of delivery at the place where the goods or services are currently posted.
③ In case when Mall has to change the contents of services in the contract with users due to the shortage of goods or change in the technical specification, it shall immediately inform the users with the causes for the changes through the available address of users.
④ In the event of the previous Paragraph, Mall shall compensate the users for inflicted damaged. But this does not apply when Mall proves that it was not intentional or caused by any negligence.
Article 5 (Stoppage of service)
① Mall may temporarily stop the provision of services when there are repair and checking, replacement, failure of telecommunication equipment or failure of telecommunication.
② Mall shall pay the users for any losses or damages inflicted to the users due to the temporary suspension of services as specified in the provision above. But this does not apply when Mall proves that it was not intentional or caused by any negligence.
③ When Mall fails to provide the services due to the change of business items, cancellation of business and merging with other businesses, it shall inform it to the users according to Article 8 and compensate the users according to the conditions provided by Mall. If Mall did not post any notice on the compensation criteria, it may pay in goods or cash which is equivalent to the mileage or deposit of the users.
Article 6 (Asking for Purchase)
The user shall apply for purchasing at Mall in the following ways or similar ways. Mall shall provide the related information in a way that the user may easily understand.
1. Search and selection of goods,
2. Entering name, address, telephone no. email address (or mobile phone no.).
3. Checking of the contents of Terms and Conditions for service where the revocation of purchasing application is limited, delivery fee and installation fee and others.
4. Agreeing or rejecting the Terms and Conditions and the item 3 above (e.g. clicking the mouse)
5. Checking the application for purchasing the goods or agreeing to Mall’s checking
6. Selection of settlement method
Article 7 (Establishment of Contract)
① Mall may not agree to the application for purchasing if it falls on one of the followings. It shall also post the contents that in case of minors, if they do not obtain the approval of legal representatives, the minors or Mall may terminate the contract.
1. There is false information or error in application.
2. The minors are trying to purchase the goods or services such as tobacco or liquor which are prohibited according to the Adolescent Protection Act.
3. There is a technical difficulty in consenting to the application for purchasing.
② The contract is deemed to be made when Mall’s approval reaches the users in the form of notice showing the acceptance of Mall as specified in Article 12 (1).
③ Mall’s approval of the user’s application for purchasing shall include Mall’s acceptance of the application, whether the goods are available, or the demand for correction or termination of the application for purchasing.
Article 8(Method of Payment)
The users may make payment for the goods or services purchased at Mall using one of the followings. But, Mall shall not impose any additional fees in any name because of the method of payment.
1. Wire transfer including phone banking, Internet banking or mail banking
2. Payment using cards such as debit card, and credit card.
3. Online wire transfer
4. Settlement using the electronic currency
5. Direct payment on acceptance of goods
6. Payment using the points provided by Mall, including mileage
7. Payment using gift card provided by or agreed by Mall
8. Other electronic payments
Article 9(Notice of acceptance, change and cancellation of application for purchasing)
① If there is the request of purchasing from users, Mall shall provide the user the notice of receipt of the request.
③ If the user finds any discrepancy in the notice of receipt of the request from Mall, it may change the request or cancel it. If the users ask for any change, Mall shall comply with it. But if the payment is already made, the provision of the revocation of the request is applied as specified in Article 15.
Article 10 (Supply of goods)
① Unless the period of delivery of goods is specified in the contract with users, Mall shall take necessary actions to deliver the goods within 7 days after the receipt of the request, including the manufacturing and packing of the goods. But if Mall is paid the part or whole payment for the goods, it shall take actions within 2 working days after the receipt of it. At this time, Mall shall take necessary action so that the user may check the procedure and process of supply of goods.
② Mall shall specify the delivery means, the bearer of transportation expenses and the period of transportation for each delivery means for the purchased goods. If Mall exceeds the specified period of transportation, it shall compensate the users for the losses. This does not apply when Mall verifies that it has no bad intention nor committed gross negligence.
Article 11 (Refund)
If Mall may not deliver the goods due to the shortage of products or other causes, it shall provide notice of it immediately. If it got the payment from the users already, it shall refund it or take necessary step within 2 working days.
Article 12 (Revocation of request for purchasing, etc)
① The user who made a contract with Mall on the purchasing of goods may revoke the request within 7 days after the receipt of the notice of acceptance from Mall.
② The users may not return the delivered goods or ask them to be replaced if they fall on one of the followings.
1. The goods are damaged or lost due the causes attributable to the users (But, if the packing is damage for checking the goods, the revocation may be made.)
2. The users have used or consumed the part of the goods that the value of the goods has significantly been reduced.
3. The value of the goods has been significantly reduced due to the passing of time to the extent that the resale is difficult.
4. The packing of the original goods is damaged when it may be copied to the goods having the same performance.
③ The user may not revoke the request for purchasing if the limitation of revocation for the cases specified in Paragraph 2, Sub-paragraph 2 to 4, is indicated in the well visible place or the trial goods are provided.
④ Notwithstanding Paragraph 1 and 2 above, if the user finds out that the contents of goods are different from advertisement or displayed indication or the contract is conducted in a way different form the contract, it may revoke the request for purchasing within 3 months after the receipt of the goods or 30 days after when they know the fact or are able to know the fact.
Article 13 (Effect of Revocation of the Request)
① When Mall obtains the returned goods from the user, it shall refund the amount it received from the users within 3 working days after the receipt. In this case, if Mall delays the refund, it shall pay the penalty in the interest rate specified in the Fair Trade Commission during the delayed period.
② If the users paid the goods with their credit card or electronic currency, Mall shall ask the settlement service provider to revoke the payment.
③ In the revocation of the purchasing, the expenses for the return of the goods are to be borne by the users. Mall does not ask the users for compensation for the revocation of the purchasing. But if the revocation of purchasing was conducted due to the discrepancy between contents of the goods and those of advertisement, the expenses for return of the goods shall be borne by Mall.
④ When the users bear the expenses of transportation fee for the goods when they receive the goods and the purchase has been revoked, Mall shall clearly indicate who is to bear the expenses.
Article 14 (Privacy)
① Mall shall keep the information which shall be gathered the implementation of the purchasing contract from the users to the minimum. The following information is the mandatory while the others will be optional.
3. Telephone no.
4. Email address
② When Mall wants to collect the personal information which is identified to individuals shall obtain the consent of the users.
③ The personal information provides shall not be provided to any third party for purposes other than the agreed one without the consents of the users. Mall takes full responsibility for anything related to the personal information except the followings.
1. Mall may inform the least user’s information (name, address and tel. no.) to the mail delivery service provider during the delivery of the goods.
2. The information is required for the preparation of statistics, academic research or market research and provided in a way that no personal identification may be made.
3. The information is required for settlement of the transactions including goods.
4. The information is required to check the identity of the users for prevention of the theft.
5. The disclosure is made according to the related laws.
④ When Mall wants to obtain consent of the users according to Paragraph 2 and 3 above, it shall specify or post the information such as identity of the person in charge of personal information (dept, name and tel. no, and other contact), cause and purpose of collection of personal information, provision of information to third parties and contents to be provided according to Article 22 (3) of Act on Use and Promotion of Information & Telecommunication Network. The user may revoke the consent at any time.
⑤ The users may ask Mall to look at their personal information kept by Mall or correct it. Mall shall comply with the request immediately. When the users ask for the correction of information, Mall shall not use the information until the correction of it.
⑥ Mall shall limit the personal in charge of personal information to a few people for protection of it. It shall take all responsibilities for any damages or losses suffered by the users such as loss, theft, disclosure and change of personal information such as credit card and bank account.
⑦ When Mall or a third party who obtains the personal information from Mall achieves its intended purpose of collection of information, it shall immediately destroy the personal information.
Article 15 (Obligations of Mall)
① Mall shall not do anything which is prohibited in the related laws and the Terms and Conditions or is not compliance with the sound customs and traditions. It shall try t make every effort to provide the goods or services in a continual and safe manner as specified in the Terms and Conditions.
② Mall shall put the security system in place for protection of personal information (including the credit information) so that the users may safely use the Internet service.
③ If Mall conducts any improper marking or advertising activities as specified in Article 3 of “Act on Fair Indication or Advertising” and the users is inflicted with damages or lost due to them, Mall shall compensate the users for them.
④ Mall shall not send any advertising email to any user not wanting to receive such mail.
Article 16 (Obligations related to member’s ID and password)
① The members shall take responsible for the management of their ID and password except the case specified in Article 17.
② The members shall not allow their ID and password to be used by any third party.
③ If any member notices that its ID and/or password are stolen or used by any third person, it shall inform such fact to Mall and follow Mall’s instruction, if any.
Article 17(Obligations of the users)
The user shall not do the followings.
1. Registration of the false information in application or change
2. Theft of other people’s information
3. Change in information posted on Mall.
4. Sending or posting of information other than specified by Mall (computer programs)
5. Infringement of intelligence property right kept by Mall and any third party
6. Damage of image of Mall and any third party and obstruction to the work.
7. Dissemination or posting of the obscene or violent message, video, voices and information which is in violation of public order.
Article 18 (Relationship between shopping malls)
① If the upper-level mall and the lower-level mall are hyperlinked (hyperlinks contain letters, graphics and videos), the former is called a linked mall (website), and the latter is called a linked mall (website).
② If it is specified on the initial screen or pop-up screen that no responsibility is assumed for the linked mall, the linked mall shall not bear any responsibility for the commodity transactions conducted through the linked mall.
Article 19 (Copyright and Limited Use Right)
① Any copyright and other intellectual property rights of the works owned by the mall belong to the mall.
②No one shall copy, send, publish, disseminate or broadcast the relevant information used or obtained during the use of the mall for any purpose other than the specified purpose to the mall, or let any third party use it.
③When the mall uses the copyright attributable to the user according to the agreement between the users, it shall inform the user of the fact.
Article 20 (Dispute Settlement)
① The shopping mall should install and operate a damage control team to consider opinions and complaints and compensate for any damage.
②The shopping mall should deal with complaints and opinions from users. If it is difficult to deal with it quickly, the mall should inform the user of the reason for the delay and the timetable.
③ When users wish to obtain relief from e-commerce disputes between the mall and users, they can follow the arbitration award initiated by the mayor and governor.
Article 21 (Jurisdiction and Applicable Law)
① If there is any dispute about e-commerce between Mall and the user, the local court shall have jurisdiction over the address of the user at the time of the lawsuit or the location of the user without an address. However, if the user does not have a clear address or location and lives in a foreign country, he will file a lawsuit in the court prescribed by the Civil Procedure Law.
②The litigation filed against the dispute between the mall and the user shall be governed and interpreted by the laws of the United States.