Standard Terms and Conditions for E-Commerce

Standard Terms and Conditions for E-commerce (Internet Cyber ​​Mall)

Article 1 (Purpose) These terms and conditions apply to cyber malls and users when using Internet-related services

 

(hereinafter referred to as “services”) provided by the website (hereinafter referred to as the “site”) operated by the OO company (e-commerce business operator). The purpose is to define the rights, duties and responsibilities of

 
Article 2 (Definition)

  ① “Site” refers to a virtual business place set up by the OO Company to trade goods or services using information and communication facilities such as computers to provide goods or services (hereinafter referred to as “goods, etc.”) to users. It is also used in the sense of a business that operates a cyber mall.

  ② “Users” refer to members and non-members who access the “Site” and receive the services provided by the “Mall” in accordance with these terms and conditions.

  ③ “Member” refers to a person who has registered as a member on the “Site” and can continuously use the services provided by the “Site”.

  ④ ‘Non-member’ refers to a person who uses the service provided by the “Site” without registering as a member.


Article 3 (Explanation, explanation and revision of terms and conditions, etc.)

  ① “Site” refers to the contents of these terms and conditions, name of company and representative, business address (including address where customer complaints can be handled), phone number, fax number, e-mail address, business registration number, communication The sales business report number and the person in charge of personal information management are posted on the initial service screen (front) of the 00 Cyber ​​Mall so that users can easily find out. However, the contents of the terms and conditions can be viewed by the user through the connection screen.

  ② Before the user agrees to the terms and conditions, the “Site” provides a separate connection screen or pop-up screen, etc. You must ask for confirmation.

  ③ “Site” refers to 「Act on Consumer Protection in Electronic Commerce, Etc.」, 「Act on Regulation of Terms and Conditions」, 「Basic Act on Electronic Documents and Electronic Transactions」, 「Electronic Financial Transactions Act」, 「Electronic Signature Act」, 「Information and Communications Network Use These Terms and Conditions may be amended to the extent that they do not violate relevant laws such as the Promotion and Information Protection Act, the Door-to-door Sales Act, and the Consumer Framework Act.

  ④ When the “Site” revises the terms and conditions, the date of application and the reason for the revision shall be specified and notified along with the current terms and conditions on the initial screen of the mall from 7 days before the effective date to the day before the effective date. However, if the contents of the terms and conditions are changed unfavorably to the user, the notice is given with a grace period of at least 30 days in advance. In this case, the "Site" clearly compares the contents before and after the revision and displays them in an easy-to-understand manner for users.

  ⑤ When the “Site” revises these terms and conditions, the amended terms and conditions apply only to contracts concluded after the effective date, and the provisions of the terms and conditions before the amendment apply to contracts already concluded before that date. However, if a user who has already signed a contract sends a message to the “Site” within the notice period of the revised terms and conditions pursuant to Paragraph 3 that he/she wants to be subject to the provisions of the amended terms and receives the consent of the “Site,” the amended terms and conditions apply It's possible.

  ⑥ Regarding matters not stipulated in these Terms and Conditions and interpretation of these Terms and Conditions, the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, Consumer Protection Guidelines in Electronic Commerce, etc. and related laws or commercial practices determined by the Fair Trade Commission. Follow.

 
Article 4 (Provision and Change of Service)

  ① The “Site” performs the following tasks.

      a. Provision of information on goods or services and conclusion of purchase contracts
      b. Delivery of goods or services for which a purchase contract has been concluded
      c. Other duties determined by the “Site”

  ② The “Site” may change the content of goods or services to be provided by a contract to be concluded in the future in case of out of stock of goods or services or changes in technical specifications. In this case, the contents of the changed goods or services and the date of provision shall be specified, and the contents of the current goods or services will be immediately notified to the place where they were posted.

  ③ If the contents of the service contracted with the user to be provided by the “Site” are changed due to reasons such as out of stock of goods, etc. or changes in technical specifications, the reason is immediately notified to the address where the user can be notified.

  ④ In the case of the preceding paragraph, the “Site” compensates the user for damages caused by this. However, this is not the case if the “Site” proves that there is no intention or negligence.

 
Article 5 (Suspension of Service)

  ① The “Site” may temporarily suspend the provision of services in the event of maintenance, replacement, breakdown of information and communication facilities such as computers, or interruption of communication.

  ② The “Site” compensates for damages suffered by users or third parties due to the temporary suspension of the provision of services due to the reasons in Paragraph 1. However, this is not the case if the “Site” proves that there is no intention or negligence.

  ③ In the event that the service cannot be provided due to the conversion of business items, abandonment of business, integration between companies, etc., the “Site” notifies the user in the manner stipulated in Article 8, and according to the conditions initially presented by the “Site”, consumers reward to However, if the "Site" does not notify the compensation standards, etc., the mileage or reserve of the users shall be paid to the user in kind or in cash corresponding to the currency value used on the "Site".


 

Article 6 (Membership)

  ① The user applies for membership by entering member information according to the registration form set by the “Site” and expressing that he or she agrees to these terms and conditions.

  ② The “Site” registers as a member among users who have applied for membership as described in Paragraph 1, unless they fall under any of the following subparagraphs.

      a. In the event that the applicant for membership has previously lost membership under Article 7 (3) of these Terms and Conditions, provided that 3 years have elapsed since the loss of membership under Article 7 (3) and has obtained approval for membership re-registration of the “Site” case is an exception.
     b. If there is a false, omission, or error in the registration details
     c. If it is judged that registering as a member is significantly impeded by the technology of the “Site”

  ③ The time of establishment of the membership contract is when the consent of the “Site” reaches the member.

  ④ In the event that there is a change in the information registered at the time of membership registration, the member must notify the “site” of the change within a reasonable period of time, such as by modifying member information.


Article 7 (Member withdrawal and loss of qualifications, etc.)

  ① Members may request withdrawal from the “Site” at any time, and the “Site” will immediately process the membership withdrawal.

  ② If a member falls under any of the following reasons, the “Site” may limit or suspend membership.

     a. In case of registering false information when applying for membership
     b. In case the member does not pay the debts borne by the member in relation to the use of the “site” or the price of goods purchased using the “site”
     c. In case of threatening the order of e-commerce, such as interfering with other people's use of the "site" or stealing the information
     d. In the event of using the “Site” to conduct an act prohibited by laws or these terms and conditions or contrary to public order and morals

  ③ After the “Site” restricts or suspends membership, the “Site” may lose membership if the same action is repeated twice or more or if the cause is not corrected within 30 days.

  ④ If the “Site” loses membership, membership registration is cancelled. In this case, the member is notified of this and given an opportunity to explain by setting a period of at least 30 days before the membership registration is cancelled.


 

Article 8 (Notification to Members)

   ① When the “Site” notifies a member, it may be sent to the e-mail address designated by the member in advance with the “Site”.

   ② The “Site” may substitute individual notices by posting on the “Site” bulletin board for more than one week in the case of a notice to a large number of unspecified members. However, individual notices are given for matters that have a significant impact on the member's own transaction.


 

Article 9 (Purchase application and consent to provision of personal information, etc.)

  ① A user of the “Site” applies for a purchase on the “Site” by the following or similar methods, and the “Site” shall provide each of the following information in an easy-to-understand manner to the user when applying for a purchase.

      a. Search and select goods, etc.
      b. Enter the recipient's name, address, phone number, e-mail address (or mobile phone number), etc.
      c. Confirmation of contents of terms and conditions, services with limited right to withdraw from subscription, and cost burden such as shipping and installation costs
      d. Indication of agreeing to these terms and conditions and confirming or rejecting the items in subparagraph 3.
         (Yes, mouse clicks)
      e. Consent to purchase application for goods, etc. and confirmation of this or confirmation of “site”
      f. Choice of payment method

  ② If the “Site” needs to provide personal information of the buyer to a third party
      a. The person to whom personal information is provided,

      b. Purpose of use of personal information by the person to whom personal information is provided,

      c. Items of personal information to be provided,

      d. The person receiving personal information must notify the purchaser of the period of retention and use of personal information and obtain consent. (The same applies even if the matters for which consent has been obtained are changed.)

  ③ In the event that the “Mall” entrusts a third party to handle the personal information of the purchaser,

      a. Persons entrusted with handling personal information,

      b. You must notify the buyer of the details of the work entrusted with handling personal information and obtain consent. (The same applies if the matters for which consent has been obtained.) However, if it is necessary for the implementation of the contract for service provision and is related to the enhancement of the buyer's convenience, the method prescribed in the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.」 By notifying us through the privacy policy, you do not have to go through the notification and consent procedures.

Article 10 (Establishment of Contract)

  ① The “Site” may not accept the purchase application as in Article 9 if it falls under any of the following subparagraphs. However, in the case of entering into a contract with a minor, it is necessary to notify that the minor or his/her legal representative may cancel the contract if the consent of the legal representative is not obtained.
 
      a. In case of false information, omissions, or errors in the application details
      b. When a minor purchases goods and services prohibited by the Youth Protection Act, such as tobacco and alcohol
      c. If it is judged that accepting other purchase requests is significantly impeded by the technology of the “Site”

  ② The contract is deemed to have been established when the consent of the “Site” reaches the user in the form of a receipt confirmation notice in Article 12 Paragraph 1.

  ③ In the expression of consent of the “Site”, information on the confirmation of the user’s purchase application and availability of sale, correction or cancellation of the purchase application, etc. must be included.

 

 

Article 11 (Method of Payment)

 

Payment for goods or services purchased from the “Site” can be made by any of the following methods available. However, the “Site” cannot collect any nominal fees in addition to the price of goods, etc. for the payment method of the user.

      a. Various account transfers such as phone banking, internet banking, and mail banking
      b. Payment by various cards such as prepaid cards, debit cards, and credit cards
      c. Online direct deposit
      d. Payment by electronic money
      e. Payment upon receipt
      f. Payment by points paid by the “Site”, such as mileage
      g. Payment by gift certificate contracted with the “Site” or recognized by the “Site”
      h. Payment by other electronic payment methods, etc.

Article 12 (Notification of Receipt Confirmation, Change and Cancellation of Purchase Application)

  ① The “Site” notifies the user of receipt confirmation when there is a purchase request from the user.

  ② The user who received the acknowledgment notice may request to change or cancel the purchase application immediately after receiving the acknowledgment notice if there is any discrepancy in intention, etc. should be dealt with accordingly. However, if the payment has already been made, the provisions regarding withdrawal of subscription, etc. in Article 15 shall apply.
 

Article 13 (Supply of Goods, etc.)

  ① Unless there is a separate agreement with the user regarding the supply period of goods, etc., the “Site” takes other necessary measures such as order production and packaging so that goods can be delivered within 7 days from the date of subscription by the user. . However, if the “Site” has already received all or part of the payment for goods, etc., it will take action within 3 business days from the date of receiving all or part of the payment. In this case, the “Site” takes appropriate measures so that users can check the supply procedures and progress of goods, etc.

  ② The “Site” specifies the delivery method for the goods purchased by the user, the person responsible for the delivery cost for each method, and the delivery period for each method. If the "Site" exceeds the contracted delivery period, it must compensate the user for damages. However, this is not the case if the “Site” proves that there is no intention or negligence.

 


Article 14 (Refund)

When the goods, etc. that the user has applied for purchase cannot be delivered or provided due to out-of-stock, etc., the “Site” shall notify the reason to the user without delay, and if payment for the goods, etc. has been received in advance, from the date of receipt of the payment Refund or take action necessary for refund within business days.

 
Article 15 (Withdrawal of subscription, etc.)

  ① A user who has entered into a contract for the purchase of goods, etc. with the “Site” receives a document on the contract details pursuant to Article 13 (2) of the 「Act on Consumer Protection in Electronic Commerce, Etc.」 If the supply of goods, etc. is delayed, the subscription can be withdrawn within 7 days from the date the goods are supplied or the supply of goods is started). However, if there are other provisions in the 「Act on Consumer Protection in Electronic Commerce, etc.」 regarding withdrawal of subscription, the provisions of the same Act shall apply.

  ② Users cannot return or exchange goods, etc., if they fall under any of the following items.

      a. In case the goods, etc. are lost or damaged due to reasons attributable to the user (However, if the packaging is damaged to check the contents of the goods, etc., the subscription may be withdrawn)
      b. If the value of goods, etc. has significantly decreased due to the user's use or partial consumption
      c. When the value of goods, etc. has significantly decreased to the extent that resale is difficult due to the passage of time
      d. If it is possible to reproduce with goods with the same performance, if the original packaging of the goods, etc. is damaged

  ③ In the case of Paragraph 2, 2 or 4, if the “Site” does not specify in advance the fact that the withdrawal of subscription is restricted in a place where consumers can easily understand it, or does not take measures such as providing a trial product, the user’s subscription can be withdrawn etc. are not limited.
④ Notwithstanding the provisions of Paragraphs 1 and 2, if the content of goods, etc. is different from the displayed or advertised content or is performed differently from the contract, the user becomes aware of the fact within three months from the date of receiving the goods, etc. Alternatively, you can withdraw your subscription within 30 days from the date you knew it.

 


 Article 16 (Effect of Withdrawal of Subscription, etc.)

  ① The “Site” refunds the price for goods, etc. already paid within 3 business days when goods are returned from the user. In this case, when the "site" delays the refund of goods, etc. to the user, the delayed interest calculated by multiplying the delay period by the delayed interest rate prescribed in Article 21-2 of the 「Enforcement Decree of the Consumer Protection Act in Electronic Commerce, Etc.」 shall be paid. . 
  ② In the case of refund of the above price, if the user pays for goods, etc. with a payment method such as credit card or electronic money, the “Site” suspends the claim for the goods, etc., without delay by the operator who provided the payment method Or ask them to cancel.

  ③ In case of withdrawal of subscription, etc., the cost required to return the supplied goods, etc. shall be borne by the user. The “Site” does not claim a penalty or compensation for damages from the user for the reason of withdrawal of subscription, etc. However, if the contents of the goods, etc. are different from the displayed or advertised contents or if the contract is performed differently, and the subscription is withdrawn, the “mall” bears the cost necessary to return the goods.

   ④ If the user has paid the shipping cost when receiving the goods, etc., the “Site” clearly indicates who is responsible for the cost when the subscription is withdrawn so that the user can easily understand.

 
Article 17 (Personal Information Protection)

  ① “Site” collects the minimum amount of personal information to the extent necessary to provide services when collecting personal information of users.

  ② The “Site” does not collect in advance the information necessary for the implementation of the purchase contract when signing up for membership. However, this is not the case in cases where identification is required prior to a purchase contract in order to fulfill the obligations under the relevant laws and regulations and the minimum amount of specific personal information is collected.

   ③ When the “Site” collects and uses a user’s personal information, it notifies the user of the purpose and obtains consent.

   ④ The “Site” cannot use the collected personal information for any purpose other than the intended purpose, and when a new purpose of use occurs or if it is provided to a third party, the purpose of use is notified to the user at the stage of use and provision and consent is obtained. However, there are exceptions if there are other provisions in the relevant laws and regulations.

   ⑤ If the “Site” needs to obtain the user’s consent pursuant to paragraphs 2 and 3, the identity of the person in charge of personal information management (affiliation, name and phone number, other contact information), the purpose of collection and use of information, and the third Matters stipulated in Article 22 (2) of the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.」, such as matters related to information provision to persons (recipient, purpose of provision, and content of information to be provided), must be specified or notified in advance. may withdraw this consent at any time. 
   ⑥ Users may request to view and correct errors in their personal information possessed by the “Site” at any time, and the “Site” is obliged to take necessary measures without delay. If a user requests correction of an error, the "Site" does not use the personal information until the error is corrected.

   ⑦ The “Site” shall limit the persons who handle the user’s personal information to a minimum for the protection of personal information, and the loss, theft, leakage, provision of, or alteration of, the user’s personal information, including credit cards and bank accounts, to third parties without consent The user is responsible for any damage caused to the user.

   ⑧ The “Site” or a third party who has received personal information from it destroys the personal information without delay when it has achieved the purpose of collecting or receiving personal information.

   ⑨ The “Site” does not set the consent box for the collection, use, and provision of personal information to be selected in advance. In addition, it specifies the services that are restricted when users refuse to consent to the collection, use, and provision of personal information, and provides services such as membership registration due to the user’s refusal to consent to the collection, use, and provision of personal information, which is not a mandatory collection item. We do not limit or decline offers.


Article 18 (Obligations of the “Site”)

   ① The “Site” shall not engage in acts prohibited by laws and regulations or these Terms and Conditions or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably as stipulated in these Terms and Conditions.

   ② The “Site” must have a security system to protect users’ personal information (including credit information) so that users can safely use Internet services.

   ③ The “Site” shall be responsible for compensating for damages to users due to improper display or advertisement prescribed in Article 3 of the 「Act on Fair Display and Advertisement」 for products or services.

   ④ The “Site” does not send commercial e-mails for commercial purposes that users do not want.


Article 19 (Obligation for member ID and password)

   ① Except in the case of Article 17, the member is responsible for managing the ID and password.

   ② Members shall not allow third parties to use their ID and password.

   ③ If a member recognizes that his/her ID and password are stolen or used by a third party, he/she shall immediately notify the “Site” and follow the instructions provided by the “Site”.

 


Article 20 (Obligations of Users) Users must not engage in the following acts.

      1. Registration of false information when applying or changing
      2. Theft of information from others
      3. Change of information posted on the “Site”
      4. Transmission or posting of information (computer programs, etc.) other than those specified by the “Site”
      5. Infringement of intellectual property rights such as copyrights of the “Site” and other third parties
      6. Acts that damage the reputation of the “Site” or other third parties or interfere with business
      7. An act of disclosing or posting obscene or violent messages, images, voices, or other information that goes against public order and morals on the mall

 


Article 21 (Relationship between the linked “site” and the connected “site”)

   ① If the parent “site” and the lower “site” are linked by a hyperlink (eg, the hyperlink includes text, pictures, and moving images), the former is called the “site” (website) and the latter The Connected “Site” (Website) is called.

   ② In the event that the linked “site” indicates that it is not responsible for guarantees for transactions with users based on goods independently provided by the connected “site” on the initial screen of the linked “site” or on the pop-up screen at the time of connection, We assume no warranty responsibility for the transaction.

   


Article 22 (Attribution of Copyright and Restriction on Use)

   ① Copyrights and other intellectual property rights for works created by the “Site” belong to the “Site”.

   ② Users may copy, transmit, publish, distribute, broadcast, or otherwise use information obtained by using the “Site” for commercial purposes without the prior consent of the “Site”, or use third party information without the prior consent of the “Site”. You must not let someone else use it.

   ③ The “Site” must notify the user when using the copyright belonging to the user according to the contract.

 


Article 23 (Dispute Settlement)

   ① The “Site” installs and operates a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and compensate for the damage.

   ② The “Site” takes precedence over complaints and opinions submitted by users. However, if prompt processing is difficult, the reason and processing schedule will be immediately notified to the user.

   ③ In the event of a user's request for damage relief in relation to an e-commerce dispute between the "Site" and the user, the Fair Trade Commission or a dispute mediation agency commissioned by the Mayor/Do governor may follow the mediation.
 

Article 24 (Jurisdiction and Governing Law)

   ① Litigation related to e-commerce disputes between the “Site” and users shall be based on the address of the user at the time of filing, and if there is no address, the district court having jurisdiction over the place of residence shall have exclusive jurisdiction. However, if the address or residence of the user is not clear at the time of filing, or if the user is a foreign resident, the complaint shall be submitted to the competent court under the Civil Procedure Act.

   ② Hong Kong law applies to e-commerce lawsuits filed between the “Site” and users.