Refund policy

Article 1 (Purpose)

The purpose of these Terms and Conditions is to set forth the rights, obligations and responsibilities of the cyber mall and its users in connection with the use of the internet-related services (hereinafter the "Services") provided by KMALL09.com (hereinafter the "Mall"), operated by KMALL09. * These Terms and Conditions shall apply mutatis mutandis to electronic commerce using PC communications, wireless devices and the like, unless contrary to their nature.

Article 2 (Definitions)

1. "Mall" means the virtual place of business set up by the company so that it can trade goods or services (hereinafter "Goods, etc.") using information and communication facilities such as computers in order to provide Goods, etc. to users; it is also used to mean the business operator that operates the cyber mall. 2. "User" means a member or non-member who accesses the Mall and receives the Services provided by the Mall in accordance with these Terms and Conditions. 3. "Member" means a person who has registered as a member with the Mall and who may continuously use the Services provided by the Mall. 4. "Non-member" means a person who uses the Services provided by the Mall without registering as a member.

Article 3 (Specification, Explanation and Amendment of the Terms, etc.)

1. The Mall shall post the contents of these Terms and Conditions, together with the trade name, the name of the representative, the address of the place of business (including the address of a place where consumer complaints can be handled), the telephone number, fax number, e-mail address, business registration number, mail-order sales license number, the personal information management officer, and the like, on the initial service screen (front page) of the cyber mall so that users can easily recognize them. However, the contents of the Terms may be made viewable to users through a linked screen. 2. Before a user agrees to the Terms, the Mall shall provide a separate linked screen or pop-up screen so that the user can understand important matters stipulated in the Terms, such as withdrawal of subscription, delivery responsibility and refund conditions, and shall obtain the user's confirmation. 3. The Mall may amend these Terms to the extent that it 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 Door-to-Door Sales Act, and the Framework Act on Consumers. 4. When the Mall amends the Terms, it shall, specifying the effective date and the reasons for amendment, post them together with the current Terms on the initial screen of the Mall from seven (7) days before the effective date until the day before the effective date. However, if the Terms are changed to the disadvantage of users, the Mall shall give notice with a prior grace period of at least thirty (30) days. In this case, the Mall shall clearly compare the content before and after the amendment so that users can easily understand it. 5. When the Mall amends the Terms, the amended Terms shall apply only to contracts concluded after the effective date, and the provisions of the Terms before the amendment shall continue to apply to contracts already concluded before that date. However, if a user who has already concluded a contract sends to the Mall, within the notice period of the amended Terms under Paragraph 3, an intention to be governed by the amended provisions and obtains the Mall's consent, the amended provisions shall apply. 6. Matters not stipulated in these Terms and the interpretation of these Terms shall be governed by the Act on Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Guidelines on Consumer Protection in Electronic Commerce, etc. as determined by the Fair Trade Commission, relevant laws, or commercial practice.

Article 4 (Provision and Change of Services)

1. The Mall performs the following tasks: (i) providing information on Goods or services and concluding purchase contracts; (ii) delivering Goods or services for which a purchase contract has been concluded; and (iii) other tasks determined by the Mall. 2. In the event of a sell-out of Goods or services or a change in technical specifications, etc., the Mall may change the content of the Goods or services to be provided under contracts to be concluded thereafter. In such a case, the Mall shall immediately post the changed content of the Goods or services and the date of provision at the place where the current content of the Goods or services is posted. 3. If the Mall changes the content of a service it has agreed to provide to a user due to a sell-out of Goods, etc. or a change in technical specifications, etc., it shall immediately notify the user of the reason at an address to which notification can be sent. 4. In the case of the preceding paragraph, the Mall shall compensate the user for any damage suffered thereby. However, this shall not apply where the Mall proves that there was no intent or negligence on its part.

Article 5 (Suspension of Services)

1. The Mall may temporarily suspend the provision of the Services in the event of maintenance, inspection, replacement or breakdown of information and communication facilities such as computers, or interruption of communications, etc. 2. The Mall shall compensate users or third parties for damage caused by the temporary suspension of the Services for the reasons in Paragraph 1. However, this shall not apply where the Mall proves that there was no intent or negligence on its part. 3. Where the Services can no longer be provided due to a change of business type, abandonment of business, integration of companies, etc., the Mall shall notify users by the method set forth in Article 8 and shall compensate consumers in accordance with the conditions originally presented by the Mall. However, if the Mall has not announced compensation standards, etc., it shall pay users their mileage or accumulated points, etc. in kind or in cash corresponding to the currency value used in the Mall.

Article 6 (Membership Registration)

1. A user applies for membership by filling in member information in accordance with the registration form determined by the Mall and expressing agreement to these Terms. 2. The Mall registers as members those users who have applied for membership as described in Paragraph 1, unless they fall under any of the following: (i) where the applicant has previously lost membership qualification pursuant to Article 7(3), except where three (3) years have elapsed since the loss of membership under Article 7(3) and the Mall has consented to re-registration; (ii) where there is falsehood, omission or error in the registered content; or (iii) where the Mall determines that registering the person as a member would cause significant technical difficulty. 3. The membership contract is formed at the time the Mall's approval reaches the member. 4. If there is any change in the matters registered at the time of membership, the member shall notify the Mall of the change within a reasonable period by means such as amending the member information.

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

1. A member may request withdrawal from the Mall at any time, and the Mall shall process the withdrawal immediately. 2. Where a member falls under any of the following, the Mall may restrict or suspend the membership qualification: (i) where false information was registered at the time of application; (ii) where the member fails to pay by the due date the price of Goods, etc. purchased using the Mall or other debts borne in connection with use of the Mall; (iii) where the member threatens the order of electronic commerce, such as by obstructing another person's use of the Mall or misappropriating another person's information; or (iv) where the member uses the Mall to engage in acts prohibited by law or these Terms or contrary to public order and morals. 3. After the Mall has restricted or suspended membership qualification, if the same act is repeated two or more times, or if the cause is not corrected within thirty (30) days, the Mall may cause the member to lose membership qualification. 4. Where the Mall causes a member to lose membership qualification, it shall cancel the member registration. In this case, the Mall shall notify the member and shall grant an opportunity to explain by setting a period of at least thirty (30) days before the cancellation of member registration.

Article 8 (Notification to Members)

1. Where the Mall gives notice to a member, it may do so to the e-mail address designated by the member in advance in agreement with the Mall. 2. In the case of notice to an unspecified number of members, the Mall may substitute posting on the Mall's bulletin board for at least one week for individual notice. However, individual notice shall be given for matters that materially affect the member's own transaction.

Article 9 (Purchase Request and Consent to Provision of Personal Information, etc.)

1. A user of the Mall makes a purchase request on the Mall by the following or a similar method, and the Mall shall provide the following contents in an easily understandable manner: (i) searching for and selecting Goods, etc.; (ii) entering the recipient's name, address, telephone number, e-mail address (or mobile phone number), etc.; (iii) confirming the contents of the Terms, services for which the right of subscription withdrawal is restricted, and matters relating to cost burdens such as delivery fees and installation fees; (iv) indicating agreement to these Terms and confirming or refusing item (iii) (e.g., a mouse click); (v) making a purchase request for Goods, etc. and confirming it or consenting to the Mall's confirmation; and (vi) selecting a payment method. 2. Where the Mall needs to provide a buyer's personal information to a third party, it shall inform the buyer of and obtain consent to (i) the recipient of the personal information, (ii) the purpose of the recipient's use of the personal information, (iii) the items of personal information provided, and (iv) the period for which the recipient retains and uses the personal information (the same applies where the consented matters are changed). 3. Where the Mall entrusts a third party with the handling of the buyer's personal information, it shall inform the buyer of and obtain consent to (i) the entrusted party and (ii) the content of the entrusted work (the same applies where the consented matters are changed). However, where it is necessary for performance of a contract for the provision of Services and relates to enhancing the buyer's convenience, the notification and consent procedures may be omitted by informing the buyer through the personal information handling policy in the manner prescribed by the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

Article 10 (Formation of Contract)

1. The Mall may decline to approve a purchase request under Article 9 where it falls under any of the following. However, in the case of concluding a contract with a minor, the Mall shall notify that, if the consent of a legal representative is not obtained, the minor or the legal representative may cancel the contract: (i) where there is falsehood, omission or error in the content of the request; (ii) where a minor purchases Goods and services prohibited under the Youth Protection Act, such as tobacco or alcohol; or (iii) where the Mall determines that approving the purchase request would cause significant technical difficulty. 2. A contract is deemed formed at the time the Mall's approval reaches the user in the form of a receipt confirmation notice under Article 12(1). 3. The Mall's expression of intent to approve shall include confirmation of the user's purchase request, availability of sale, and information on correction or cancellation of the purchase request.

Article 11 (Payment Methods)

The price of Goods or services purchased on the Mall may be paid by any of the following methods that are available. However, the Mall may not collect any additional fee of any kind on the price of Goods, etc. with respect to the user's payment method: 1. account transfers such as phone banking, internet banking and mail banking; 2. card payments such as prepaid cards, debit cards and credit cards; 3. online remittance without a bankbook; 4. payment by electronic currency; 5. payment on receipt; 6. payment by points issued by the Mall, such as mileage; 7. payment by gift certificates contracted with or recognized by the Mall; and 8. payment by other electronic means of payment.

Article 12 (Receipt Confirmation Notice; Change and Cancellation of Purchase Request)

1. Where there is a purchase request from a user, the Mall gives the user a receipt confirmation notice. 2. A user who has received a receipt confirmation notice may, where there is a discrepancy in the expression of intent, request a change or cancellation of the purchase request immediately after receiving the notice, and the Mall shall, if there is a request from the user before delivery, process it without delay in accordance with the request. However, if payment has already been made, the provisions on withdrawal of subscription, etc. under Article 15 shall apply.

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 custom ordering and packaging so that Goods, etc. can be delivered within seven (7) days from the date the user made the subscription. However, if the Mall has already received all or part of the price of the Goods, etc., it shall take measures within two (2) business days from the date of receiving all or part of the price. In doing so, the Mall shall take appropriate measures so that the user can check the supply procedure and progress of the Goods, etc. 2. The Mall shall specify, for Goods purchased by the user, the means of delivery, the party bearing the delivery cost by means, and the delivery period by means. If the Mall exceeds the agreed delivery period, it shall compensate the user for the resulting damage. However, this shall not apply where the Mall proves that there was no intent or negligence on its part.

Article 14 (Refund)

Where the Mall cannot deliver or provide Goods, etc. requested for purchase by a user due to reasons such as a sell-out, it shall notify the user of the reason without delay and, if it has received the price of the Goods, etc. in advance, refund it or take measures necessary for the refund within two (2) business days from the date of receiving the price.

Article 15 (Withdrawal of Subscription, etc.)

1. A user who has concluded a contract for the purchase of Goods, etc. with the Mall may withdraw the subscription within seven (7) days from the date of receiving the written statement on the contents of the contract under Article 13(2) of the Act on Consumer Protection in Electronic Commerce, etc. (or, where the supply of Goods, etc. is later than the receipt of the written statement, the date the Goods, etc. are supplied or their supply begins). However, where the Act on Consumer Protection in Electronic Commerce, etc. provides otherwise regarding subscription withdrawal, its provisions shall apply. 2. Where the user has received the Goods, etc., the user may not return or exchange them in the following cases: (i) where the Goods, etc. are lost or damaged due to a cause attributable to the user (however, subscription may be withdrawn where the packaging, etc. was damaged to check the contents of the Goods, etc.); (ii) where the value of the Goods, etc. has significantly decreased due to the user's use or partial consumption; (iii) where the value of the Goods, etc. has significantly decreased to the extent that resale is difficult due to the passage of time; or (iv) where the packaging of the original Goods, etc. was damaged in the case of Goods, etc. reproducible with the same performance. 3. In the cases of Paragraph 2, items (ii) through (iv), if the Mall has not taken measures such as clearly indicating in an easily recognizable place that subscription withdrawal, etc. is restricted or providing trial products, the user's subscription withdrawal, etc. shall not be restricted. 4. Notwithstanding Paragraphs 1 and 2, where the content of the Goods, etc. differs from the display or advertisement or was performed differently from the terms of the contract, the user may withdraw the subscription, etc. within thirty (30) days from the date the Goods, etc. were supplied, or within thirty (30) days from the date the user became or could have become aware of the fact.

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

1. Where the Mall has received the returned Goods, etc. from the user, it shall refund the price of the Goods, etc. already paid within three (3) business days. In this case, if the Mall delays the refund to the user, it shall pay delay interest calculated by multiplying the delay period by the delay interest rate prescribed in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc. 2. In refunding the above price, where the user paid the price of the Goods, etc. by a payment method such as a credit card or electronic currency, the Mall shall, without delay, request the business operator that provided the payment method to suspend or cancel the charge for the price of the Goods, etc. 3. In the case of withdrawal of subscription, etc., the cost of returning the supplied Goods, etc. shall be borne by the user. The Mall shall not claim a penalty or damages from the user on the ground of subscription withdrawal, etc. However, where subscription withdrawal, etc. occurs because the content of the Goods, etc. differs from the display or advertisement or was performed differently from the terms of the contract, the Mall shall bear the cost of returning the Goods, etc. 4. Where the user bore the shipping cost when receiving the Goods, etc., the Mall shall clearly indicate, in an easily recognizable manner, who bears that cost upon subscription withdrawal.

Article 17 (Protection of Personal Information)

1. When collecting a user's personal information, the Mall collects the minimum personal information necessary to the extent required for the provision of Services. 2. The Mall does not collect in advance, at the time of membership registration, information necessary for performance of the purchase contract. However, this shall not apply where a minimum of specific personal information is collected where identity verification is required before the purchase contract in order to perform obligations under relevant laws. 3. When collecting and using a user's personal information, the Mall notifies the user of the purpose and obtains consent. 4. The Mall may not use collected personal information for purposes other than intended, and where a new purpose of use arises or where it is provided to a third party, the Mall notifies the user of the purpose and obtains consent at the stage of use or provision. However, exceptions may apply where relevant laws provide otherwise. 5. Where the Mall must obtain the user's consent under Paragraphs 2 and 3, it shall specify or notify in advance the matters prescribed in Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., such as the identity of the personal information management officer (affiliation, name, telephone number and other contact information), the purpose of collection and use of information, and matters related to provision to third parties (recipient, purpose of provision, and content of the information to be provided), and the user may withdraw such consent at any time. 6. A user may at any time request access to and correction of errors in his or her personal information held by the Mall, and the Mall bears the obligation to take necessary measures without delay. Where a user requests correction of an error, the Mall shall not use the personal information until the error is corrected. 7. For the protection of personal information, the Mall shall minimize the number of persons handling users' personal information and bears full responsibility for damage to users caused by loss, theft, leakage, provision to third parties without consent, or alteration of users' personal information, including credit cards and bank accounts. 8. The Mall or a third party that received personal information from it shall destroy the personal information without delay when the purpose of collection or the purpose for which it was provided has been achieved. 9. The Mall does not set the consent boxes for collection, use and provision of personal information as pre-selected. Furthermore, the Mall specifies concretely the services that are restricted upon the user's refusal to consent to collection, use and provision of personal information, and does not restrict or refuse the provision of Services such as membership registration on the ground of a 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 law or these Terms or contrary to public order and morals, and shall do its best to provide Goods and services continuously and stably in accordance with these Terms. 2. The Mall shall have a security system to protect users' personal information (including credit information) so that users can safely use internet services. 3. Where a user suffers damage because the Mall engaged in unfair display or advertising acts under Article 3 of the Act on Fair Labeling and Advertising with respect to Goods or services, the Mall bears the responsibility to compensate for it. 4. The Mall does not send commercial advertising e-mails that users do not want.

Article 19 (Obligations regarding the Member's ID and Password)

1. Except in the case of Article 17, responsibility for managing the ID and password rests with the member. 2. A member shall not allow a third party to use his or her ID and password. 3. Where a member becomes aware that his or her ID and password have been stolen or are being used by a third party, the member shall immediately notify the Mall and follow the Mall's guidance, if any.

Article 20 (Obligations of Users)

Users shall not engage in the following acts: 1. registering false information at the time of application or change; 2. misappropriating another person's information; 3. altering information posted on the Mall; 4. transmitting or posting information other than that determined by the Mall (such as computer programs); 5. infringing the copyright or other intellectual property rights of the Mall or a third party; 6. acts that damage the reputation of the Mall or a third party or interfere with their business; and 7. disclosing or posting on the Mall obscene or violent messages, images, audio, or other information contrary to public order and morals.

Article 21 (Relationship between the Linking Mall and the Linked Mall)

1. Where an upper mall and a lower mall are connected by hyperlink (e.g., the target of a hyperlink includes text, pictures, moving images, etc.), the former is called the linking mall (website) and the latter the linked mall (website). 2. Where the linking mall has stated, on its initial screen or on a pop-up screen at the time of connection, that it bears no guarantee responsibility for transactions between the user and the linked mall concerning Goods, etc. independently provided by the linked mall, the linking mall bears no guarantee responsibility for such transactions.

Article 22 (Ownership of Copyright and Restrictions on Use)

1. Copyright and other intellectual property rights in works produced by the Mall belong to the Mall. 2. A user shall not use, for commercial purposes or allow a third party to use, information obtained by using the Mall to which intellectual property rights belong to the Mall, by means of reproduction, transmission, publication, distribution, broadcasting or otherwise, without the prior consent of the Mall. 3. Where the Mall uses a copyright belonging to a user pursuant to an agreement, it shall notify the relevant user.

Article 23 (Dispute Resolution)

1. The Mall establishes and operates a damage compensation handling body to reflect legitimate opinions or complaints raised by users and to compensate for such damage. 2. The Mall gives priority to handling complaints and opinions submitted by users. However, where prompt handling is difficult, the Mall immediately notifies the user of the reason and the handling schedule. 3. Where there is an application for damage relief by a user in connection with an electronic commerce dispute arising between the Mall and the user, the matter may be subject to mediation by a dispute mediation body entrusted by the Fair Trade Commission or a Mayor/Do Governor.

Article 24 (Jurisdiction and Governing Law)

1. A lawsuit concerning an electronic commerce dispute arising between the Mall and a user shall be under the exclusive jurisdiction of the district court having jurisdiction over the address of the user at the time of filing, or, where there is no address, over the user's place of residence. However, where the user's address or place of residence is unclear at the time of filing, or in the case of an overseas resident, the lawsuit shall be filed with the competent court under the Civil Procedure Act. 2. Korean law applies to electronic commerce lawsuits filed between the Mall and users.