These terms and conditions are intended to define the rights, obligations, and responsibilities of the Mall and the user in using the internet-related services (hereinafter referred to as “Services”) provided by the cyber mall (hereinafter referred to as the “Mall”) operated by THENODE Co., Ltd. (an e-commerce business).
※ These terms shall also apply to electronic commerce using PC communication or wireless, unless it contradicts their nature.
Article 2 (Definitions)
“Mall” refers to a virtual place of business set up by the company using computers or other information communication facilities to allow users to trade goods or services (hereinafter referred to as “Goods, etc.”), and also refers to the operator of the cyber mall.
“User” means a member or non-member who accesses the Mall and uses the services provided in accordance with these terms and conditions.
“Member” refers to a person who has registered with the Mall and can continuously use the services provided by the Mall.
“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)
The “Mall” shall post the contents of these Terms and Conditions, the company name and representative's name, the business address (including the address for handling consumer complaints), telephone number, fax number, email address, business registration number, e-commerce registration number, personal information protection officer, etc., on the initial service screen of the cyber mall so that users can easily view them. However, the contents of the Terms and Conditions may also be made accessible through a linked screen.
Before the user agrees to these Terms and Conditions, the “Mall” must provide a separate linked screen or pop-up screen for important matters such as withdrawal of subscription, delivery responsibilities, and refund conditions to ensure that the user understands them.
The “Mall” may amend these Terms and Conditions to the extent that it does not violate relevant laws such as the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Basic 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, the Door-to-Door Sales Act, and the Framework Act on Consumers.
If the “Mall” amends the Terms and Conditions, it shall specify the effective date and reason for the amendment, and notify them along with the current terms on the initial screen of the Mall at least 7 days prior to the effective date. However, in the case of changes unfavorable to the user, a minimum grace period of 30 days shall be given. In this case, the “Mall” shall clearly compare the previous and revised terms so that users can easily understand the changes.
If the “Mall” amends the Terms and Conditions, the amended terms shall apply only to contracts signed after the effective date, and contracts signed before that shall follow the previous Terms and Conditions. However, if a user who already signed a contract wishes to apply the amended terms, and notifies the “Mall” during the notice period as defined in Clause 3, and receives consent from the “Mall”, the amended terms may be applied.
Matters not defined in these Terms and Conditions and the interpretation thereof shall follow the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, consumer protection guidelines in electronic commerce prescribed by the Fair Trade Commission, relevant laws, or commercial customs.
Article 4 (Provision and Modification of Services)
The “Mall” performs the following tasks:
Providing information on goods or services and concluding purchase contracts
Delivering goods or services for which a purchase contract has been concluded
Other tasks defined by the “Mall”
If goods or services are out of stock or technical specifications change, the “Mall” may modify the content of goods or services to be provided under future contracts. In such cases, the “Mall” shall immediately notify users by specifying the modified content and delivery date in the place where the current goods or services are posted.
If the “Mall” changes the contents of services it has contracted with users due to stockout or change in technical specifications, it shall immediately notify users to the available address.
In such cases, the “Mall” shall compensate the user for any damages incurred. However, this shall not apply if the “Mall” proves that it has no intention or negligence.
Article 5 (Suspension of Services)
If reasons such as maintenance, replacement, or failure of computers or other information communication equipment, or disruption of communication occur, the “Mall” may temporarily suspend the provision of services.
The “Mall” shall compensate users or third parties for damages incurred due to the temporary suspension of services as mentioned in paragraph 1. However, this does not apply if the “Mall” proves that there was no intention or negligence.
If the service can no longer be provided due to a change in business type, business closure, or business integration, the “Mall” shall notify users according to Article 8 and compensate consumers based on the conditions originally presented by the “Mall.” If no compensation standard was provided, the Mall shall pay users in cash or equivalent goods based on the value of mileage or reward points used in the “Mall.”
Article 6 (Membership Registration)
Users apply for membership by filling out the registration form specified by the “Mall” and indicating their agreement to these Terms and Conditions.
The “Mall” shall register users who apply as members according to paragraph 1 unless they fall under any of the following cases:
If the applicant has previously lost membership under Article 7, paragraph 3 of these Terms, except when more than 3 years have passed and the “Mall” has approved re-registration.
If there are false statements, omissions, or errors in the registration details
If it is determined that registering the user as a member would significantly hinder the technical operation of the “Mall”
The membership agreement is deemed to be established at the time the “Mall”’s approval reaches the member.
If there are changes to the information provided during registration, the member must notify the “Mall” of the changes within a reasonable time by modifying their member information or using other appropriate methods.
Article 7 (Withdrawal and Disqualification of Membership)
Members may request to withdraw from the “Mall” at any time, and the “Mall” shall promptly process the withdrawal.
If a member falls under any of the following cases, the “Mall” may restrict or suspend their membership:
Providing false information during registration
Failing to pay the price of goods or services purchased through the “Mall” or other debts related to the use of the “Mall” by the due date
Disrupting the use of the “Mall” by others or misusing others’ information, thereby threatening the order of electronic commerce
Engaging in illegal acts or activities against public order and morals through the “Mall”
If the same act is repeated twice or more after the “Mall” has restricted or suspended membership, or if the reason is not corrected within 30 days, the “Mall” may disqualify the member.
If the “Mall” disqualifies a member, it shall cancel the member registration. In this case, the “Mall” shall notify the member and provide at least 30 days for explanation before the cancellation.
Article 8 (Notice to Members)
When the “Mall” gives notice to a member, it may do so via the email address previously designated by agreement with the member.
In case of notification to an unspecified number of members, the “Mall” may post the notice on the bulletin board for at least one week instead of sending individual notifications. However, matters significantly affecting the member's own transactions shall be notified individually.
Article 9 (Purchase Application)
Users of the “Mall” apply for purchases through the following or similar methods on the “Mall,” and the “Mall” must clearly provide the following information:
Search and selection of goods, etc.
Entering recipient’s name, address, phone number, email address (or mobile number), etc.
Confirmation of important matters such as the terms and conditions, services with limited right of withdrawal, shipping costs, installation fees, etc.
Expression of agreement to these terms and confirmation or rejection of the above items (e.g., mouse click)
Purchase application for goods, etc., and confirmation or consent to the “Mall’s” confirmation
Selection of payment method
If the “Mall” needs to provide or entrust buyer’s personal information to a third party, it must obtain consent from the buyer at the time of actual purchase application. Comprehensive consent at the time of membership registration is not allowed. In such a case, the “Mall” must clearly inform the buyer of the personal information items to be provided, the recipient, purpose of use, and retention/use period. However, if it is in accordance with Article 25(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, or other relevant laws, it shall follow such regulations.
Article 10 (Establishment of Contract)
The “Mall” may refuse to accept a purchase application as described in Article 9 under any of the following cases. However, if a contract is made with a minor, it must inform that the minor or their legal representative may cancel the contract if legal consent has not been obtained:
If the application contains false, omitted, or incorrect information
If a minor attempts to purchase goods or services prohibited under the Youth Protection Act, such as tobacco or alcohol
If accepting the purchase application is deemed to cause significant technical issues for the “Mall”
The contract is considered to be established when the “Mall’s” acceptance reaches the user in the form of the receipt confirmation notice in accordance with Article 12(1).
The “Mall’s” expression of acceptance shall include confirmation of the purchase application, availability of sale, and information on correction or cancellation of the application.
Article 11 (Payment Methods)
The payment for goods or services purchased on the “Mall” may be made using any of the following available methods. However, the “Mall” shall not charge any additional fees under any name for the chosen payment method.
Various account transfers such as phone banking, internet banking, and mail banking
Various card payments including prepaid cards, debit cards, and credit cards
Online direct deposit (virtual account)
Payment using electronic money
Payment upon receipt
Payment using mileage or points provided by the “Mall”
Payment using gift certificates recognized by or contracted with the “Mall”
Other electronic payment methods
Article 12 (Receipt Confirmation Notice, Modification and Cancellation of Purchase Application)
When the user submits a purchase application, the “Mall” shall send a receipt confirmation notice to the user.
If the user receives the confirmation notice and finds discrepancies or wishes to modify or cancel the purchase application, they may do so immediately. The “Mall” shall process such requests promptly if made before shipping. However, if payment has already been made, the regulations under Article 15 regarding withdrawal of offer shall apply.
Article 13 (Supply of Goods, etc.)
Unless otherwise agreed separately regarding the timing of delivery, the “Mall” shall take necessary measures such as production and packaging to ensure delivery within 7 days from the date of the user’s purchase application. If full or partial payment has already been made, the “Mall” shall take action within 3 business days from the date of receipt of payment. In such cases, the “Mall” shall take appropriate steps to allow the user to check the supply process and progress.
The “Mall” shall clearly state the delivery method, the party responsible for delivery fees for each method, and the estimated delivery period. If the “Mall” exceeds the agreed delivery period, it shall compensate the user for any resulting damages, unless the “Mall” proves that there was no intent or negligence.
Article 14 (Refund)
If the “Mall” cannot deliver or provide goods or services due to reasons such as being out of stock, it shall immediately notify the user and, if payment has already been received, refund the amount or take necessary action for refund within 3 business days from the date of receipt.
Article 15 (Withdrawal of Offer, etc.)
Users who have entered into a contract for the purchase of goods with the “Mall” may withdraw their offer within 7 days from the date they receive the written contract as per Article 13(2) of the Act on Consumer Protection in Electronic Commerce (or from the date the goods are delivered or service begins, whichever is later). However, if otherwise stipulated in the law, those provisions shall apply.
Users may not return or exchange goods in the following cases:
If the goods are lost or damaged due to the user's fault (except when the package was damaged to check the contents)
If the value of goods has significantly decreased due to use or partial consumption by the user
If the value of goods has significantly decreased over time to the point that resale is difficult
If the packaging of replicable goods with the same performance is damaged
In cases falling under subparagraphs 2 to 4 of paragraph 2, if the “Mall” has not clearly indicated that withdrawal is restricted or provided trial products, the user's right to withdrawal shall not be restricted.
Regardless of paragraphs 1 and 2, if the goods or services differ from what was advertised or contracted, the user may withdraw within 3 months of receipt or within 30 days of becoming aware of the discrepancy.
Article 16 (Effects of Withdrawal of Offer, etc.)
If the user returns goods, the “Mall” shall refund the payment within 3 business days. If the refund is delayed, the “Mall” shall pay interest calculated based on the delay period as stipulated in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce.
If the payment was made by credit card or electronic money, the “Mall” shall promptly request the respective payment provider to cancel or suspend the charge.
In the event of withdrawal of offer, the user shall bear the cost of returning the goods. The “Mall” shall not claim any penalties or compensation. However, if the withdrawal is due to the goods being inconsistent with the description or contract, the “Mall” shall bear the cost of return.
If the user had paid shipping fees at the time of receiving the goods, the “Mall” shall clearly indicate who bears the cost when the offer is withdrawn.
Article 17 (Protection of Personal Information)
The “Mall” shall collect the minimum personal information necessary to provide services when collecting users' personal data.
The “Mall” shall not collect information in advance necessary for fulfilling a purchase contract at the time of membership registration. However, an exception shall be made when certain personal information is required to verify identity before concluding the contract due to legal obligations.
When the “Mall” collects or uses a user's personal information, it shall notify the user of the purpose and obtain their consent.
The “Mall” shall not use collected personal information for any purposes other than the originally intended purpose. If a new purpose arises or the information is provided to a third party, the “Mall” must inform the user and obtain consent again at the usage/provision stage, unless otherwise stipulated by law.
When obtaining consent under paragraphs 2 and 3, the “Mall” must clearly inform the user in advance of the identity of the personal information protection officer (affiliation, name, phone number, etc.), the purpose of collection and use, and the details regarding third-party provision (recipient, purpose, and data items), in accordance with Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection. The user may withdraw their consent at any time.
Users may access or request correction of their personal information at any time, and the “Mall” must take immediate action. While errors are being corrected, the “Mall” shall not use the information.
The “Mall” shall minimize the number of personnel handling personal information and shall be liable for all damages caused by loss, theft, leakage, unauthorized provision, or alteration of personal information, including credit card and bank account details.
The “Mall” or any third party that received personal information must destroy the data immediately once the purpose of use is achieved.
The “Mall” shall not pre-check consent boxes for the collection/use/provision of personal information. The “Mall” shall clearly state any service limitations due to a user's refusal to consent and shall not restrict or refuse service, such as membership registration, based solely on the refusal to provide non-essential information.
Article 18 (Obligations of the “Mall”)
The “Mall” shall not engage in acts prohibited by law or against public order and morals, and shall strive to provide goods and services continuously and reliably as stipulated in these terms.
The “Mall” shall establish a secure system to protect users’ personal information (including credit information) so that users can use the internet services safely.
If a user suffers damage due to unfair labeling or advertising of goods or services in violation of Article 3 of the Act on Fair Labeling and Advertising, the “Mall” shall be liable for such damage.
The “Mall” shall not send unsolicited commercial emails for profit to users against their will.
Article 19 (User's Responsibility for ID and Password)
Except as provided in Article 17, the responsibility for managing ID and password lies with the member.
Members must not allow any third party to use their ID and password.
If a member becomes aware that their ID and password have been stolen or used by a third party, they must immediately notify the “Mall” and follow any instructions given by the “Mall.”
Article 20 (User Obligations)
Users must not engage in the following acts:
Providing false information during application or updates
Using another person’s information without authorization
Altering information posted on the “Mall”
Sending or posting information (such as computer programs) not authorized by the “Mall”
Infringing upon the intellectual property rights such as copyrights of the “Mall” or third parties
Defaming or interfering with the business of the “Mall” or third parties
Posting or disclosing obscene, violent messages, images, sounds, or other content against public morals on the “Mall”
Article 21 (Relationship Between Linking Mall and Linked Mall)
When a higher-level “Mall” is linked to a lower-level “Mall” via a hyperlink (including text, images, and videos), the former is referred to as the linking “Mall” (website), and the latter as the linked “Mall” (website).
If the linking “Mall” clearly states on its initial screen or on a pop-up at the time of the link that it takes no responsibility for transactions conducted independently by the linked “Mall,” it shall not be held liable for such transactions.
Article 22 (Copyright Ownership and Usage Restrictions)
Copyrights and other intellectual property rights for works created by the “Mall” belong to the “Mall.”
Users shall not reproduce, transmit, publish, distribute, broadcast, or use information to which the “Mall” owns intellectual property rights for commercial purposes or provide it to third parties without prior approval from the “Mall.”
When using copyrights owned by the user under a contractual agreement, the “Mall” must notify the user accordingly.
Article 23 (Dispute Resolution)
The “Mall” shall establish and operate a compensation handling system to reflect legitimate opinions or complaints from users and to compensate for any damages.
The “Mall” shall prioritize handling complaints and feedback submitted by users. However, if prompt handling is difficult, the “Mall” shall immediately inform the user of the reason and the expected timeline.
If a dispute arises between the “Mall” and a user related to electronic commerce, and the user files a request for relief, the dispute may be resolved through mediation by a dispute resolution body commissioned by the Fair Trade Commission or the provincial governor.
Article 24 (Jurisdiction and Governing Law)
Lawsuits regarding electronic commerce disputes between the “Mall” and users shall be subject to the jurisdiction of the court having authority over the user’s address at the time of filing, and if the address is unknown, the court having jurisdiction over the place of residence. If the user’s address or residence is unclear, or the user resides overseas, jurisdiction shall be determined in accordance with the Civil Procedure Act.
Korean law shall govern lawsuits filed between the “Mall” and users regarding electronic commerce transactions.
Supplementary Provision (Effective Date): These Terms and Conditions shall take effect from September 13, 2023.
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