Terms of Service

Article 1 (Purpose)

The purpose of these Terms and Conditions is to stipulate the rights, obligations, and responsibilities of the cybermall and its users in using internet-related services (hereinafter referred to as “Services”) provided by KMALL09.com (hereinafter referred to as “Mall”), operated by KMALL09. ※ These Terms and Conditions shall apply mutatis mutandis to e-commerce using PC communication, wireless communication, etc., unless contrary to its nature.

Article 2 (Definitions)

① "Mall" refers to a virtual business establishment set up by the company to allow users to trade goods or services (hereinafter referred to as "goods, etc.") using information and communication facilities such as computers, and is also used to mean a business operator that operates a cybermall. ② "User" refers to members and non-members who access the "Mall" and receive services provided by the "Mall" in accordance with these Terms and Conditions. ③ "Member" refers to a person who has registered as a member with the "Mall" and can continuously use the services provided by the "Mall." ④ "Non-member" refers to a person who uses the services provided by the "Mall" without registering as a member.

Article 3 (Specification, Explanation, and Amendment of Terms and Conditions)

① The "Mall" shall display the contents of these Terms and Conditions, its trade name and representative's name, the address of its business location (including the address where consumer complaints can be handled), telephone number, fax number, e-mail address, business registration number, mail-order business report number, and personal information manager on the initial service screen (front page) of the 00 cybermall so that users can easily recognize them. However, the contents of the terms and conditions can be viewed by the user through a linked screen. ② Before the user agrees to the terms and conditions, the "Mall" must provide a separate linked screen or pop-up screen to allow the user to confirm important contents such as withdrawal of subscription, delivery responsibility, and refund conditions among the contents stipulated in the terms and conditions. ③ The "Mall" may amend these Terms and Conditions within the scope that does not violate relevant laws such as the "Act on Consumer Protection in Electronic Commerce, etc.," the "Act on the Regulation of Terms and Conditions," the "Framework Act on Electronic Documents and Transactions," the "Electronic Financial Transactions Act," the "Digital Signature Act," the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.," the "Act on Door-to-Door Sales, etc.," and the "Framework Act on Consumers." ④ If the "Mall" amends the terms and conditions, it shall announce the effective date and reason for amendment together with the current terms and conditions on the initial screen of the mall from 7 days before the effective date until the day before the effective date. However, if the terms and conditions are changed in a way that is unfavorable to the user, the "Mall" shall provide a grace period of at least 30 days before the effective date and announce it. In this case, the "Mall" shall clearly compare the old and new contents to make it easy for users to understand. ⑤ If the "Mall" amends the terms and conditions, the amended terms and conditions shall apply only to contracts concluded after the effective date, and the provisions of the terms and conditions before the amendment shall continue to apply to contracts already concluded before then. However, if a user who has already concluded a contract wishes to be subject to the provisions of the amended terms and conditions and sends their intention to the "Mall" within the notice period of the amended terms and conditions according to Paragraph 3 and receives the "Mall"'s consent, the provisions of the amended terms and conditions shall apply. ⑥ Matters not specified in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the Act on Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Consumer Protection Guidelines in Electronic Commerce, etc., established by the Fair Trade Commission, and relevant laws or trade practices.

Article 4 (Provision and Change of Services)

① The "Mall" performs the following tasks: 1. Providing information on goods or services and concluding purchase contracts. 2. Delivering goods or services for which purchase contracts have been concluded. 3. Other tasks determined by the "Mall." ② The "Mall" may change the contents of goods or services to be provided under future contracts in case of a shortage of goods or services or a change in technical specifications. In this case, the "Mall" shall immediately notify the changed contents of the goods or services and the date of provision in the place where the current contents of the goods or services were posted. ③ If the "Mall" changes the contents of services for which it has entered into a contract with a user due to a shortage of goods, a change in technical specifications, or other reasons, it shall immediately notify the user at the address where the user can be notified. ④ In the case of the preceding paragraph, the "Mall" shall compensate the user for damages incurred thereby. However, this shall not apply if the "Mall" proves that it was not intentional or negligent.

Article 5 (Suspension of Services)

① The "Mall" may temporarily suspend the provision of services in cases where maintenance, inspection, replacement, or malfunction of information and communication facilities such as computers, or communication disconnection occurs. ② The "Mall" shall compensate the user or a third party for damages incurred due to the temporary suspension of service provision for the reasons in Paragraph 1. However, this shall not apply if the "Mall" proves that it was not intentional or negligent. ③ In cases where the "Mall" is unable to provide services due to a change in business category, abandonment of business, or integration between companies, the "Mall" shall notify users in the manner specified in Article 8 and compensate consumers according to the conditions originally presented by the "Mall." However, if the "Mall" does not notify compensation standards, it shall pay the users' mileage or reserves as goods or cash equivalent to the currency value used in the "Mall."

Article 6 (Membership Registration)

① A user applies for membership by filling out the membership application form specified by the "Mall" and expressing their consent to these terms and conditions. ② The "Mall" shall register as a member those users who apply to join as members as in Paragraph 1, unless they fall under any of the following subparagraphs: 1. If the applicant for membership has previously lost their membership status pursuant to Article 7, Paragraph 3 of these Terms and Conditions. However, this shall be an exception if the person has passed 3 years after losing membership status pursuant to Article 7, Paragraph 3 and has obtained the "Mall"'s approval for re-joining. 2. If the registration contains false information, omissions, or errors. 3. If it is judged that registering as a member would significantly hinder the "Mall"'s technology. ③ The time of establishment of the membership contract shall be the time when the "Mall"'s acceptance reaches the member. ④ If there is a change in the information registered by a member during membership registration, the member must notify the "Mall" of the change by modifying the membership information within a reasonable period.

Article 7 (Membership Withdrawal and Loss of Qualification, etc.)

① A member may request withdrawal from the "Mall" at any time, and the "Mall" shall immediately process the membership withdrawal. ② If a member falls under any of the following subparagraphs, the "Mall" may restrict or suspend the member's qualification: 1. If false information was registered at the time of application for membership. 2. If the member fails to pay the price for goods purchased using the "Mall" or other debts incurred in connection with the use of the "Mall" by the due date. 3. If the member interferes with other people's use of the "Mall" or steals their information, thereby threatening the order of electronic commerce. 4. If the member performs an act that is prohibited by law or these Terms and Conditions or is contrary to public morals using the "Mall." ③ If the "Mall" restricts or suspends a member's qualification and the same action is repeated two or more times or the reason is not rectified within 30 days, the "Mall" may revoke the member's qualification. ④ If the "Mall" revokes a member's qualification, the membership registration shall be canceled. In this case, the "Mall" shall notify the member and provide an opportunity to explain for a period of at least 30 days before canceling the membership registration.

Article 8 (Notification to Members)

① When the "Mall" notifies a member, it may do so to the e-mail address designated by the member in advance in agreement with the "Mall." ② For notifications to an unspecified number of members, the "Mall" may substitute individual notifications by posting them on the "Mall"'s bulletin board for more than one week. However, for matters that significantly affect the member's own transactions, individual notifications will be sent.

Article 9 (Purchase Application and Consent to Provide Personal Information, etc.)

① A "Mall" user applies for purchase on the "Mall" by the following or similar methods, and the "Mall" must provide the user with the following details in an easy-to-understand manner when the user applies for purchase: 1. Search and selection of goods, etc. 2. Input of recipient's name, address, phone number, e-mail address (or mobile phone number), etc. 3. Confirmation of contents related to terms and conditions, services for which the right to withdraw subscription is restricted, and cost burdens such as delivery fees and installation fees. 4. Indication of agreement to these terms and conditions and confirmation or refusal of the matters in item 3 (e.g., mouse click). 5. Purchase application for goods, etc., and confirmation thereof or agreement to the "Mall"'s confirmation. 6. Selection of payment method. ② If the "Mall" needs to provide a buyer's personal information to a third party, the "Mall" must inform the buyer of 1) the recipient of the personal information, 2) the purpose of use of the personal information by the recipient, 3) the items of personal information to be provided, and 4) the retention and use period of the personal information by the recipient, and obtain the buyer's consent. (The same applies if the agreed-upon matters change.) ③ If the "Mall" entrusts a third party to handle a buyer's personal information, the "Mall" must inform the buyer of 1) the entrusted party handling personal information and 2) the content of the work entrusted to handle personal information, and obtain the buyer's consent. (The same applies if the agreed-upon matters change.) However, if it is necessary for the performance of the service provision contract and related to the promotion of user convenience, the "Mall" may notify the privacy policy through the method specified in the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc." without going through the notification and consent procedures.

Article 10 (Formation of Contract)

① The "Mall" may not accept a purchase application as described in Article 9 if it falls under any of the following subparagraphs. However, when concluding a contract with a minor, the "Mall" must notify that the minor or their legal guardian can cancel the contract if the consent of the legal guardian is not obtained. 1. If the application contains false information, omissions, or errors. 2. If a minor purchases goods or services prohibited by the Youth Protection Act, such as tobacco or alcohol. 3. If it is judged that accepting the purchase application would significantly hinder the "Mall"'s technology. ② The contract is deemed to be formed when the "Mall"'s acceptance reaches the user in the form of a confirmation of receipt notification as described in Article 12, Paragraph 1. ③ The "Mall"'s expression of acceptance must include confirmation of the user's purchase application, whether it is available for sale, and information on correction or cancellation of the purchase application, etc.

Article 11 (Payment Method)

Payment for goods or services purchased at the "Mall" can be made by any of the available methods among the following. However, the "Mall" cannot impose any fees on the price of goods, etc., for the user's payment method. 1. Various account transfers such as phone banking, internet banking, and mail banking. 2. Various card payments such as prepaid cards, debit cards, and credit cards. 3. Online bank transfer without a passbook. 4. Payment by electronic money. 5. Payment on delivery. 6. Payment by points, such as mileage, provided by the "Mall." 7. Payment by gift certificates that have a contract with the "Mall" or are recognized by the "Mall." 8. Other electronic payment methods.

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

① When there is a purchase application from a user, the "Mall" shall send a confirmation of receipt notification to the user. ② A user who has received the confirmation of receipt notification may request a change or cancellation of the purchase application immediately after receiving the confirmation of receipt notification if there is a discrepancy in the expression of intent, and the "Mall" must process the request without delay if there is a request from the user before delivery. However, if payment has already been made, it shall be governed by the provisions concerning withdrawal of subscription, etc., in Article 15.

Article 13 (Supply of Goods, etc.)

① Unless there is a separate agreement with the user regarding the timing of supply of goods, etc., the "Mall" shall take necessary measures such as order production and packaging to enable delivery of goods, etc., within 14 days from the date the user made the offer. However, if the "Mall" has already received all or part of the price for the goods, etc., it shall take measures within 14 business days from the date of receipt of all or part of the price. In this case, the "Mall" shall take appropriate measures to enable the user to check the supply process and progress of the goods, etc. ② The "Mall" shall specify the delivery method, the party responsible for delivery costs by method, and the delivery period by method for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, it must compensate the user for damages incurred thereby. However, this shall not apply if the "Mall" proves that it was not intentional or negligent.

Article 14 (Refund)

If the goods or services requested by the user cannot be delivered or provided due to reasons such as out of stock, the "Mall" shall immediately cancel the order and, if payment has been received in advance, refund the payment within 14 business days from the date of receipt of payment or take necessary measures for the refund.

Article 15 (Withdrawal of Subscription, etc.)

① A user who has entered into a contract for the purchase of goods, etc., with the "Mall" may withdraw their subscription within 7 days from the date of receiving the written contract contents pursuant to Article 13, Paragraph 2 of the "Act on Consumer Protection in Electronic Commerce, etc." (If the supply of goods, etc., occurs later than the receipt of the written document, it refers to the date of receiving the goods, etc., or the date the supply of goods, etc., began). However, if the "Act on Consumer Protection in Electronic Commerce, etc." specifies otherwise regarding the withdrawal of subscription, the provisions of that Act shall apply. ② If a user has received goods, etc., they cannot return or exchange them in the following cases: 1. If the goods, etc., are lost or damaged due to reasons attributable to the user (However, if the packaging, etc., is damaged to verify the contents of the goods, etc., the subscription can be withdrawn). 2. If the value of the goods, etc., has significantly decreased due to the user's use or partial consumption. 3. If the value of the goods, etc., has significantly decreased to the extent that it is difficult to resell over time. 4. If the packaging of the original goods, etc., is damaged when the goods, etc., can be duplicated with the same performance. ③ In the cases of Paragraph 2, Subparagraphs 2 through 4, if the "Mall" has not clearly indicated in a place where the consumer can easily recognize that the withdrawal of subscription, etc., is restricted in advance or has not taken measures such as providing trial products, the user's withdrawal of subscription, etc., shall not be restricted. ④ Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the goods, etc., are different from the displayed/advertised contents or are performed differently from the contract contents, the user may withdraw their subscription, etc., within 30 days from the date of receiving the goods, etc., or within 30 days from the date they knew or could have known the fact.

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

① If the "Mall" receives returned goods, etc., from the user, it shall refund the already paid price for the goods, etc., within 7 business days. In this case, if the "Mall" delays the refund of the goods, etc., to the user, it shall pay a delay interest calculated by multiplying the delay period by the delay interest rate specified in Article 21-2 of the "Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc." ② When refunding the said price, if the user paid for the goods, etc., using a credit card or electronic money as a payment method, the "Mall" shall immediately request the business operator who provided the payment method to suspend or cancel the claim for the price of the goods, etc. ③ In cases of withdrawal of subscription, etc., the user shall bear the costs necessary for the return of the supplied goods, etc. The "Mall" shall not claim a penalty or compensation for damages from the user for reasons such as withdrawal of subscription. However, if the contents of the goods, etc., are different from the displayed/advertised contents or are performed differently from the contract contents, and the subscription is withdrawn, the "Mall" shall bear the costs necessary for the return of the goods, etc. ④ If the user bore the shipping cost when receiving the goods, etc., the "Mall" shall clearly indicate who bears the cost when withdrawing the subscription so that the user can easily understand.

Article 17 (Personal Information Protection)

① The "Mall" collects a minimum amount of personal information within the necessary scope for service provision when collecting user's personal information. ② The "Mall" does not collect information necessary for the fulfillment of the purchase contract in advance when a user registers as a member. However, this does not apply if identity verification is necessary before the purchase contract for the fulfillment of obligations under relevant laws, and a minimum of specific personal information is collected. ③ The "Mall" notifies the user of the purpose and obtains consent when collecting and using the user's personal information. ④ The "Mall" cannot use the collected personal information for purposes other than the stated purpose, and if a new purpose of use arises or if it is provided to a third party, it shall notify the user of the purpose and obtain consent at the stage of use/provision. However, this shall be an exception if otherwise specified in relevant laws. ⑤ If the "Mall" needs to obtain the user's consent pursuant to Paragraphs 2 and 3, it must clearly state or notify in advance the identity of the personal information manager (affiliation, name, phone number, and other contact information), the purpose of collection and use of information, and matters related to the provision of information to a third party (recipient, purpose of provision, and contents of information to be provided), as stipulated in Article 22, Paragraph 2 of the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.," and the user can withdraw this consent at any time. ⑥ The user can request access to and correction of their personal information held by the "Mall" at any time, and the "Mall" is obligated to take necessary measures without delay. If a user requests correction of an error, the "Mall" shall not use the personal information until the error is corrected. ⑦ The "Mall" shall limit the number of persons handling user's personal information to a minimum for personal information protection and shall bear all responsibility for damages incurred by the user due to loss, theft, leakage, unauthorized provision to third parties, alteration, etc., of user's personal information, including credit cards and bank accounts. ⑧ The "Mall" or a third party that has received personal information from the "Mall" shall destroy the personal information without delay when the purpose of collection or the purpose for which it was received has been achieved. ⑨ The "Mall" does not pre-select the consent box for the collection, use, and provision of personal information. Furthermore, it clearly specifies the services that are restricted if the user refuses to consent to the collection, use, and provision of personal information, and does not restrict or refuse service provision, such as membership registration, due to the user's refusal to consent to the collection, use, and provision of personal information that is not a mandatory collection item.

Article 18 (Obligations of the "Mall")

① The "Mall" shall not engage in acts prohibited by laws and these Terms and Conditions or contrary to public morals, and shall do its best to provide goods and services continuously and stably as stipulated in these Terms and Conditions. ② The "Mall" must establish a security system for the protection of users' personal information (including credit information) so that users can safely use internet services. ③ If the "Mall" causes damage to a user by engaging in unfair display and advertising acts as stipulated in Article 3 of the "Act on Fair Display and Advertising" regarding products or services, it shall be liable for compensation. ④ The "Mall" does not send commercial e-mails for profit that the user does not want.

Article 19 (Obligations Regarding Member ID and Password)

① The responsibility for the management of the ID and password, except in the case of Article 17, rests with the member. ② A member must not allow a third party to use their ID and password. ③ If a member's ID and password are stolen or a third party is using them, the member must immediately notify the "Mall" and follow the "Mall"'s instructions if any.

Article 20 (User's Obligations)

Users must not engage in the following acts: 1. Registering false information when applying or changing. 2. Stealing other people's information. 3. Changing information posted on the "Mall." 4. Transmitting or posting information (such as computer programs) other than the information specified by the "Mall." 5. Infringing on the copyrights or other intellectual property rights of the "Mall" or a third party. 6. Damaging the reputation of the "Mall" or a third party or interfering with their business. 7. Disclosing or posting obscene or violent messages, images, sounds, or other information contrary to public morals on the Mall.

Article 21 (Relationship between Connecting "Mall" and Connected "Mall")

① If an upper "Mall" and a lower "Mall" are connected by a hyperlink method (e.g., the target of a hyperlink includes text, images, and moving images, etc.), the former is referred to as the connecting "Mall" (website) and the latter as the connected "Mall" (website). ② The connecting "Mall" does not bear warranty responsibility for transactions made with users through goods, etc., independently provided by the connected "Mall" if it clearly states on the initial screen of the connecting "Mall" or in a pop-up screen at the time of connection that it does not bear warranty responsibility for such transactions.

Article 22 (Attribution of Copyright and Restriction of Use)

① The copyright and other intellectual property rights for works created by the "Mall" belong to the "Mall." ② Users must not copy, transmit, publish, distribute, broadcast, or otherwise use for commercial purposes or allow third parties to use information obtained through the "Mall" for which intellectual property rights belong to the "Mall" without the prior consent of the "Mall." ③ If the "Mall" uses copyrights belonging to the user according to the agreement, it must notify the user concerned.

Article 23 (Dispute Resolution)

① The "Mall" operates a damage compensation processing body to reflect legitimate opinions or complaints raised by users and to compensate for damages. ② The "Mall" primarily processes complaints and opinions submitted by users. However, if prompt processing is difficult, the "Mall" shall immediately notify the user of the reason and the processing schedule. ③ Disputes related to e-commerce that arise between the "Mall" and users may be subject to adjustment by the Fair Trade Commission or a dispute resolution agency requested by the city/provincial governor if there is an application for relief from damages from the user. Article 24 (Jurisdiction and Governing Law) ① Lawsuits concerning e-commerce disputes arising between the "Mall" and users shall be filed in the local court having exclusive jurisdiction over the user's address at the time of filing the lawsuit, or over their residence if there is no address. However, if the user's address or residence at the time of filing the lawsuit is unclear or if they are a foreign resident, the lawsuit shall be filed in the competent court under the Civil Procedure Act. ② Korean law shall apply to e-commerce lawsuits filed between the "Mall" and users.