Terms and Conditions
Chapter 1. Purpose
The terms and conditions set forth below (the "terms") aims to define customer's rights, obligations, and responsibilities when they use the services (the "services") provided by the KOREATRENDMALL shopping mall (the "mall"), which is operated by BIZNEER Co., Ltd. AFISTAR Co.,Ltd (e-Commerce trader, the "company").
Chapter 2. Definition
① The "mall" refers to a virtual place of business that is provided to trade goods, using information and communication facilities like a computer, in order for the company to provide services to customers, such as the sale of goods or services (the "goods").
② The "customer" refers to a member and a non-member who receives the service provided by the company in accordance with the terms.
③ The "service" refers to visible/invisible behavior related to the Internet, which is provided by the company to the customer via the Internet web site or mobile application.
④ The "member" refers to a person who joins membership by providing the personal information to the mall, and receives the information of the company and mall and use the service provided by the mall continuously.
⑤ The "non-member" refers to a person who uses the service provided by the mall when joining membership.
Chapter 3. Specifying, describing, and revising the terms
① The company should post the contents of this terms, company name, CEO's name, address of business place (including the address of the place where the customer's complaint can be handled), phone number, fax number, e-mail address, business registration number, telemarketing business report number, and privacy manager on the initial page of the mall, so that customers can find the information conveniently. However, the contents of the terms can be displayed on a linked page for the customer.
② The company should obtain customers' confirmation about the important part of the terms, such as order cancellation, delivery responsibilities, and refund conditions, before the customer agrees to the terms, by providing a separate linked screen or pop-up window.
③ The company can revise the terms unless such revision violates the "Act on the consumer protection in the electronic commerce transactions", "Act on controlling terms and conditions", "Basic e-Commerce act", "Electronic signature act", "Act on the promotion of information and communication network use and protection of information", "Act on call sales", and "Consumer protection act".
④ If the company plans to revise the terms, the company should notify the change of the terms and change details 7 days (30 days if it is disadvantageous to the customer) prior to the date when the revised terms will take effect (the "effective date"). In this case, the company should clearly indicate the differences between the contents before the revision and the contents after the revision, so that customers can easily aware of them.
⑤ The company should clearly notify that no declaration of intention within 30 days shall be deemed to be member's agreement to the revision, when notifying the revised terms according to Chapter 4. Nevertheless, the member will be deemed to agree to the revised terms, if the member specifically refuses to accept the revised terms.
⑥ If the member doesn't agree to the revised terms of the mall, the company cannot apply the revised terms to the member in question. In this case, the member can terminate the agreement to the terms. If the member uses the service after the revised terms take effect, the member will be deemed to agree to the revised terms.
⑦ Any items not specified in the terms and contents of the terms should be interpreted, according to the "Act on the consumer protection in the electronic commerce transactions", "Act on controlling terms and conditions", consumer protection guidelines for e-Commerce prepared by the Fair Trade Commission, related laws and regulations, and commercial practice.
Chapter 4. Service provision and change
① The company provides the following services through the mall.
- 1. Providing the information on goods or services, and concluding a purchase agreement.
- 2. Delivering the goods that the purchase agreement has been concluded.
- 3. Providing the service related to a purchase agreement and delivery.
- 4. Customer response and handling regarding the service in question.
- 5. Other duties specified by the company.
② The company can change the contents of the goods to be delivered, according to the contract that will be concluded, if goods is out of stock or technical specification is changed. In this case, the company should notify the contents of the changed goods and date of provision immediately at the same location where the current contents of goods are notified.
③ If the company changes the contents of the service that is agreed to be delivered with the customer due to out of stock or technical specification change, the company should notify the reason to the customer immediately, using the available means.
④ The company should compensate for the losses suffered by the customer due to the reason specified in Paragraph 3. However, the company will not compensate for the losses, if the company proves that the loss was not intentional or the company is free from fault.
Chapter 5. Termination of the service
① The company can interrupt the service temporarily after notifying temporary service interruption, if the telecommunication facility (e.g., computers) of the mall requires maintenance and replacement, or fails; or communication fails.
② The company should compensate for the loss of the customer, if the service is interrupted temporarily due to the reason specified in Paragraph 1. However, the company will not assume the responsibility, if the company is free from negligence or mistake.
③ The company should notify service interruption in advance, if the company cannot provide the service through the mall due to the change of the business item, discontinuation of business, or merger of businesses.
Chapter 6. Membership
① The customer can check the contents of the terms and agree to the terms by filling out the member information on the membership form designated by the company, and expressing the intention of consent about the terms. If the customer registered the mall, the customer will be deemed to agree to the terms.
② The company should accept the membership application of the customer who has applied according to Paragraph 1, unless the customer comes under the following cases.
- 1. If there is any false information, omission, or mis-description in the membership application.
- 2. If the customer burrowed another person's identity for application.
- 3. If the customer applied to disturb social tranquility and good order.
- 4. Or, if the customer doesn't satisfy the requirements of the service use application prescribed by the company.
③ The company can postpone application acceptance if the company comes under the following circumstances, until the reason of non-acceptance is removed.
- 1. If there is no spare facility related to the service.
- 2. If there are technical difficulties.
- 3. If the company recognizes the necessity for non-acceptance.
④ The membership agreement will be concluded when company's approval reaches the member.
⑤ All customer information written on the application form will be deemed true. If the customer doesn't use the real name or input the actual information, the customer cannot receive legal protection and may use the limited service only.
⑥ If there are any changes in the member information provided at the time of joining membership, the members should inform the company immediately via the e-mail or other means. The mall will bear any responsibilities over any disadvantages caused by non-disclosure.
Chapter 7. Membership withdrawal and disqualification
① The member can withdraw membership from the mall at any time, and can take necessary actions including the deletion of the posted article.
② The company can restrict or suspend, or disqualify membership, if the customer comes under the following cases.
- 1. If the customer registered the false information while applying membership or changing the information.
- 2. If the customer doesn't pay off his/her debts by the due date with regards to the payment for the goods purchased from the mall, or the fee paid by the member to use the mall.
- 3. If the customer hinders others from using the mall, or breaks the e-Commerce order (e.g., illegal use of the information).
- 4. If the customer disturbs service operation intentionally.
- 5. If the customer distributes the virus program that cause the malfunction of the telecommunication facility or information destruction.
- 6. If the customer uses the mall using the abnormal method by taking advantage of telecommunication facility malfunction or error.
- 7. If the customer uses other's personal information, user ID, or password illegally.
- 8. If the customer duplicates, distributes, or uses the information commercially without prior approval from the company, which has been obtained using the company's service information.
- 9. If the customer commits behavior that is prohibited by laws and regulations, or the terms; or that goes against good manners and customs.
③ If the customer will be disqualified due to the reasons specified in Paragraph 2, the company should notify it to the customer, and give an opportunity of providing evidence of the reason by setting more than 30 days before disqualification.
Chapter 8. Notification to the member
① If the company needs to contact an individual member, the company can use the e-mail address specified by the member in advance, or the means specified in the membership information.
② If the company needs to notify many members, the company can post the notice on the online service bulletin board more than 1 week instead. However, the company will notify the member individually, if the issue affects the customer significantly regarding the customer's transaction.
Chapter 9. Purchase application
The customer can apply for purchase at the mall, using the following or similar methods. The company should allow the customer to understand the followings at the mall, when applying for purchase. However, the application of Paragraph 2 and 4 can be excluded for the member.
- 1. Searching and selecting goods.
- 2. Entering the information needed for ordering and delivery (e.g., address).
- 3. Checking the details related to the contents of the terms; and fees (e.g., service charge, delivery charge, installation fee) that restrict the customer's right of canceling an order.
- 4. Agreeing to the terms, and expressing the intention of confirming or rejecting Paragraph 3.
- 5. Confirming the application for goods purchase, or agreeing to the company's confirmation request.
- 6. Selecting a payment method.
Chapter 10. Conclusion of a purchase agreement
The company may not accept the customer's request, if the customer's purchase order comes under the following cases. However, if the minor concluded the contract, the minor in question or legal representative can cancel the contract in question, if the company cannot obtain consent from the legal representative.
- 1. If there is any false information, omission, or mis-description in the application.
- 2. If the minor purchases goods.
Chapter 11. Payment method
The customer can pay for goods purchased from the mall using one of the following methods. The company will not collect any addition commission on top of the goods price with regards to the customer's selection of the payment method.
- 1. Credit card payment.
- 2. Paypal etc. (Momopay and will updated paypal sign)
- 3. Other payment methods that are allowed and notified in advance, according to the relevant act and subordinate statute or mall policy.
Chapter 12. Receipt notification, and purchase application change and cancellation
① The company will send receipt notification to the customer, if the customer requests purchase.
② Upon receiving recipient notification, the customer can request purchase application change or cancellation on the mall web page or over the phone without delay, if there is any mismatch of customer's intention expression. Upon the customer's request, the mall should process the customer's request without delay. However, if the customer has already made payment, the order cancellation regulation will apply.
③ If the customer requests change or cancellation, and the company cannot control its handling, the company should apply the returning goods procedure, and the order cancellation process should be followed
Chapter 13. Delivery
① The company should take necessary actions (e.g., ordering, manufacturing, packing) to deliver goods within 10 days after receiving the customer's order, unless there is no separate agreement with the customer regarding the goods delivery time. However, the company should take necessary actions to supply goods within 2 business days after receiving full or partial payment, if the company has already received full or partial payment. At this time, the company should take appropriate measures for the customer to check the goods supply procedure and progress.
② The company should specify a means of delivery, person responsible for expenses by delivery means, and delivery time by delivery means on the mall, regarding the goods purchased by the customer. If delayed as custom clearance at office, It will be delayed until custom clearance is finished.
③ The customer should pack goods properly to prevent damages during delivery. If goods are delivery according to the consumer's order in accordance with the "Act on the consumer protection in the electronic commerce transactions", the document containing the contents of the act (the "delivery statement") should be attached to the goods and sent to the consumer.
Chapter 14. Refund
The company cannot provide or deliver the goods ordered by the customer due to out of stock or other reasons, the company should notify it to the customer without delay. If the company received the payment for goods in advance, the company should refund the payment within 3 business days after receipt, or take necessary actions for refund.
Chapter 15. Cancellation of the order
① The company should collect returning goods, if the reason of replacement or returning occurs due to the carelessness of the company (wrong delivery, non-delivery, breakdown, defect, etc.). The company should refund or take appropriate measures for refund within 15 days after customer inquiry.
② The customer cannot return or replace goods after delivery under the following circumstances.
- 1. If goods has been lost or damaged due to the reason of customer's fault.
(However, order cancellation can be accepted, if the packing is damaged to check the contents of goods.)
- 2. If goods value has dropped significantly due to use by the customer or partial consumption.
- 3. If goods value has dropped significantly due to the time elapsed that it cannot be resold.
- 4. If goods can be copied to similar performance goods, and the packing of original goods is damaged.
④ In spite of Paragraph 1 and 2, the customer can cancel his/her order within 3 month after receiving the goods in question, or 30 days after recognizing the fact or being able to recognize the fact, if the contents of goods are different from the marking or advertisement, or the delivered differently from the agreement.
Chapter 16. Effects of order cancellation
① If the company receives returning goods from the customer, the company refunds the payment with 3 business days (collective refund every Tuesday and Friday). In this case, if the company postponed returning goods payment to the customer, the company should pay for the deferred payment interest, which is calculated by multiplying the deferred payment interest rate published by the Fair Trade Commission by the deferred period.
② When refunding the payment, if the customer has paid by credit card or electronic money, the company should order suspension or cancellation of the goods payment request without delay to service provider that has provided the payment method in question.
③ As a general rule, the customer should bear the expense needed to return the delivered goods, if the customer want to cancel the request. The company should not demand cancellation charge or claim damages due to request cancellation. However, if the order is canceled because the contents of goods are different from the marking or advertisement, or goods are delivered differently from the agreement, the company should bear the expenses needed to return goods.
④ If the customer refuses to accept goods or wants refund, the customer should pay for the delivery expense (round trip delivery charges if the first purchase item was delivered free of charge, or one way delivery charges if the customer paid in advance) and bank remittance charge. The company will actually refund when returning goods are received.
⑤ If the customer returns or replaces goods due to the simple change of mind, the customer should pay for the round trip delivery charge.
⑥ If goods are returned and delivered again due to the customer's absence or incorrect recipient address, the customer should cover the expenses.
⑦ When returning any kind of goods, the customer should return the gift and giveaway associated with sales promotion. If the customer has used the gift or giveaway, the company may deduct the amount in question from the refund amount. However, if goods are returned due to company's fault, there will be no reduction.
Chapter 17. Privacy
① The company will collect the minimum personal information that is needed to provide the service to the customer.
② When the company collects the customer's personal information according to Paragraph 1, the company should obtain consent from the customer in question in according to related laws and regulations.
③ The collected personal information should not be used for other purposes without customer's consent or provided to the third party. The company will bear all responsibilities regarding this. However, the followings can be an exception.
- 1. Providing the minimum customer information (name, address, and phone number) needed for goods delivery to the delivery company.
- 2. If the information is provided for statistics compilation, academic research, or market survey in such way that the information cannot identify a particular person.
- 3. If the information is needed to settle down the payment for goods trade.
- 4. Under the unavoidable circumstances due to laws and regulations.
④ If the company should obtain customer's consent according to Paragraph 2 and 3, the company should specify or notify the information in advance, which is stipulated in the "Act on the promotion of information and communication network use and protection of information", such as the identity of the privacy manager (department, name, phone number, and other contact information), purpose of collecting and using the information, and matters related to the information provision to the third party (information receiver, purpose of provision, and contents of the information to provide). The customer is free to cancel the agreement at any time.
⑤ The customer can request the retrieval and error correction of his/her personal information possessed by the company at any time, and the company should assume the responsibility of taking necessity measures without delay. If the customer request error correction, the company should not use the personal information in question until correction is made.
⑥ The company should minimize the number of personal information handlers to protect the personal information. The company take the responsibility of compensating for the damages of the customer that occurred due to the loss, stealing, disclosure, or alteration of the customer's personal information due to company's fault.
⑦ The third party that received the personal information from the company or customer should destroy the personal information in question without delay, when the purpose of collecting or receiving the personal information is achieved. However, exceptions are made as when the personal information should be retained due to related laws and regulations.
⑧ The company should observe the "Act on protecting and using the location information", if the location information is collected.
Chapter 18. Responsibilities of the company
① The company should not commit behavior that is prohibited by laws and regulations, or the terms; or that goes against good manners and customs. The company should make its best efforts to provide goods and services continuously and stably according to the terms.
② The company should be equipped with the security system to protect the customer's personal information (including credit information), so that the customer can use the Internet service safely.
③ The company should assume the responsibility of compensating for the customer's loss caused by unfair indication and advertisement behavior regarding goods or services, in accordance with the "Act on fair indication and advertisement".
④ The company should not send an unsolicited advertisement e-mail for the commercial purpose to the customer against the customer's will.
Chapter 19. Responsibility over the member's ID and password
① The member should be responsible for managing his/her ID and password.
② The member should not allow the third party to use his/her ID and password.
③ If the member has lost his/her ID and password, or recognizes that others are using his/her iD and password, the member should notify it to the company immediately and follow the instructions of the company, if any.
④ The company will not assume responsibility over the damages of the member, if the member violates Paragraph 2 and 3.
Chapter 20. Obligation of the member
① The customer should not commit behavior listed below. Otherwise, the company can take appropriate measures according to the laws, the terms, and company policy.
- 1. Providing false information during application or information change.
- 2. Illegal use other's identity.
- 3. Unauthorized change of the information posted on the mall.
- 4. Sending or posting of the information that is not designated by the company (computer program, etc.)
- 5. Violating the intellectual property right (e.g., copyright of the company or the third party).
- 6. Behavior that causes the defamation of the company or third party, or obstruction of work.
- 7. Behavior that impersonates a mall operation team member, company employee, or other related party.
- 8. Disclosing or posting obscene or violent message, image, voice, or information that goes against good manners and customs.
② The customer should provide the information based on fact using the real name, when applying for membership or changing the member profile. The customer cannot assert any rights if he/she has registered the false information or other’s identity.
③ The customer should obey the terms, various regulations prescribed by the company, company notices, and related act and subordinate statute. The customer should not commit behavior that can disturbs company business and mall operation, and brings dishonor on the company.
④ The customer should inform the change of contact information (e.g., address, phone number, e-mail address) to the company without delay. The company will bear any responsibilities over any disadvantages caused by non-disclosure.
⑤ The customer should not perform sales activities using the service without prior approval from the company, and the company will take no responsibility over the outcome of the sales activity. In addition, the customer should be liable for damage that the company suffered due to those sales activities. Then, the company can claim for damage after restricting the service use of the customer in question and taking legal procedures.
Chapter 21. Responsibility over web site connection
① The company can link the mall with other web sites using the hyperlink (including the text, picture, and video hyperlink target).
② The company will not take the responsibility of a surety regarding the transaction, if the company specified the policy that the company will not provide warranty on the transaction of the customer with the goods independently provided by the linked web site, on the initial screen of the mall or on the pop-up that appears at the time of opening the linked web site.
Chapter 22. Vesting and restricted use of the intellectual property right
① All ownership, copyrights, and intellectual property rights of the work created by the company belong to the company.
② The customer should not use or allow others to use the information obtained while using the mall for profit without prior approval from the company through duplication, transmission, publishing, distribution, broadcasting, or other methods, if the company holds the intellectual property right on the information.
③ The customer has the reserved right of the posts that the customer has published on the service screen. However, the customer can use the customer’s posts in the mall free of charge without separate permission of the member for mall operation, for the purpose of service operation, exhibition, transmission, distribution, or advertisement. However, the customer is not allowed to transmit other customer’s posts or violates the copyright.
④ The company can take necessary actions (e.g., removing the posts in question from the mall), if the customer’s posts violate the law, or goes against good manners and customs or mall operation policy, or infringes on the third party’s right.
Chapter 23. Information provision
① The company can provide various information deemed to be required for service use to the customer with member’s consent via the e-mail or other methods (e.g., post).
② The company can request additional personal information with customer’s consent for the purpose of improving the service and introducing services to the customer.
Chapter 24. Dispute resolution
① The company will install and operate the shopping mall customer support center, which is the damage compensation handling organization designed to reflect customer’s rightful opinion or complaint and make up for the loss.
② The company will handle the complaint and comment raised by the customer first. However, the company should notify the reason and handling schedule to the customer, if the complaint or comment cannot be processed quickly.
③ If the customer applies for damage relief regarding the e-Commerce dispute raised between the company and the customer, the company can follow the arbitration of the e-Commerce Disputes Mediation Committee that was established in accordance with the Basic e-Commerce Act and its enforcement ordinances.
Chapter 25. Jurisdiction and applicable laws
All matters related to the interpretation, validity, enforcement, and dispute over the terms shall be governed by Korean laws.