These terms and conditions govern the rights of the cyber mall and the user in using the Internet-related services (hereinafter referred to as the "Service") provided by the THENODE Co., Ltd. cyber mall (hereinafter referred to as the "Mall") operated by the THENODE Co., Ltd. company (e-commerce business). The purpose is to stipulate obligations and responsibilities.
※“E-commerce using PC communication, wireless, etc. shall also be governed by these terms and conditions unless it is contrary to its nature.”
Article 2 (Definitions)
"Mall" means a virtual place of business established by the Company to provide goods or services (hereinafter referred to as "Goods, etc.") to users by using information and communication facilities such as computers, etc.
“User” refers to members and non-members who access the “Mall” and receive the services provided by the “Mall” in accordance with these Terms and Conditions.
“Member” refers to a person who has registered as a member of the ‘Mall’ and can continue to 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 (Clarification, Explanation and Amendment of Terms and Conditions)
The ‘Mall’ shall disclose the contents of these Terms and Conditions, the name of the company and representative, the address of the business location (including the address of the place where consumer complaints can be handled), telephone number. E-mail address, business license number, e-commerce business report number, personal information protection officer, etc. shall be posted on the initial service screen (front) of the cyber mall so that users can easily recognize them. However, the contents of the Terms and Conditions can be viewed by the user through a connected screen.
"The Mall shall seek the user's confirmation by providing a separate connected screen or pop-up screen so that the user can understand important contents such as withdrawal of subscription, delivery responsibility, refund conditions, etc. among the contents stipulated in the Terms and Conditions before the user agrees to the Terms and Conditions.
The “Mall” may amend these Terms and Conditions to the extent that it does not violate the relevant laws, such as the Act on Consumer Protection in Electronic Commerce, the Act on Regulation of Terms and Conditions, the Electronic Documents and Electronic Transactions Act, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Door-to-door Sales, etc.
Article 4 (Provision and Change of Services)
The "Mall" shall perform the following tasks.
Providing information on goods or services and concluding a purchase contract
Delivery of goods or services for which a purchase contract has been concluded
Other tasks prescribed by the "Mall"
The "Mall" may change the contents of goods or services to be provided under a contract to be concluded in the future, such as when goods or services are out of stock or technical specifications are changed. In this case, the contents of the changed goods or services and the date of provision shall be immediately notified on the place where the contents of the current goods or services are posted.
If the “Mall” changes the contents of the service contracted with the user to provide due to reasons such as out of stock of goods or changes in technical specifications, the reason shall be immediately notified to the address where the user can be notified.
In the case of the preceding paragraph, the “Mall” shall compensate the user for damages caused by this. However, this shall not apply if the ‘Mall’ proves that it is not intentional or negligent.
Article 5 (Interruption of Service)
The ‘Mall’ may temporarily suspend the provision of the Service in the event of maintenance, inspection, replacement, or breakdown of information and communication facilities such as computers, or interruption of communication.
The ‘Mall’ shall compensate the User or a third party for any damage caused by the temporary suspension of the Service due to the reasons in Paragraph 1. However, this shall not apply if the ‘Mall’ proves that it is not intentional or negligent.
If the ‘Mall’ becomes unable to provide the Service for reasons such as conversion of business items, abandonment of business, or integration between companies, the ‘Mall’ shall notify the user in the manner prescribed in Article 8 and compensate the consumer in accordance with the conditions originally provided by the ‘Mall’. However, if the ‘Mall’ does not notify the compensation criteria, the ‘Mall’ shall pay the user's mileage or accumulated points in kind or cash equivalent to the value of the currency prevailing in the ‘Mall’.
Article 6 (Membership)
The User shall apply for membership by filling in the membership information according to the registration form prescribed by the ‘Mall’ and expressing his/her agreement to these Terms.
The ‘Mall’ shall register the User who applies for membership as described in Paragraph 1 as a member unless the User falls under any of the following items.
If the applicant has previously been disqualified from membership pursuant to Article 7.3 of these Terms and Conditions, except in the case where the applicant has obtained the consent of the ‘Mall’ to rejoin membership after three years have elapsed since the disqualification pursuant to Article 7.3.
If there are any falsehoods, omissions, or errors in the registration contents
If it is judged that registration as a member is significantly hindered by the technology of the ‘Mall’
The membership contract shall be concluded when the ‘Mall’'s consent reaches the member.
If there is any change in the information registered at the time of registration, the member shall notify the ‘Mall’ of the change within a reasonable period of time by modifying the membership information.
Article 7 (Withdrawal of Membership and Loss of Eligibility)
Members may request withdrawal from the ‘Mall’ at any time, and the ‘Mall’ will immediately process the withdrawal.
If a member falls under any of the following reasons, the ‘Mall’ may restrict or suspend membership.
If the Member registered false information when applying for membership
Payment for goods purchased using the Mall, If the Member fails to pay any debts incurred by the Member in connection with the use of the Mall on the due date
If the Member threatens the order of e-commerce, such as interfering with the use of the Mall by others or stealing their information
If the Member uses the Mall to commit acts prohibited by law or these Terms and Conditions or contrary to public order and morals
The Mall may restrict the Membership. After suspension, if the same act is repeated more than twice or the reason is not corrected within 30 days, the “Mall” may disqualify the member.
If the “Mall” disqualifies the member, the membership registration will be canceled. In this case, the member shall be notified and given a period of at least 30 days to make a defense before the membership registration is terminated.
Article 8 (Notification to Members)
When the "Mall" gives notice to a Member, it may be sent to the e-mail address specified by the Member in advance by agreement with the "Mall."
The "Mall" may substitute individual notice by posting it on the "Mall" bulletin board for more than one week in the case of notice to an unspecified number of Members. However, individual notices shall be given for matters that have a significant impact on the Member's own transactions.
Article 9 (Purchase Application)
The User shall apply for purchase on the Website by the following or similar methods, and the Website shall provide each of the following contents in an easy-to-understand manner when the User applies for purchase.
Search and selection of goods
Input of the recipient's name, address, phone number, e-mail address (or mobile phone number), etc.
Terms and conditions, services with limited right of withdrawal, and shipping charges. Confirmation of the contents related to the cost burden such as installation fee
Indication (e.g., mouse click)
Application for purchase of goods, etc. and confirmation thereof or consent to confirmation by the “Mall”
Selection of payment method
If the “Mall” needs to provide or entrust the personal information of the purchaser to a third party, the consent of the purchaser shall be obtained at the time of actual purchase application, and the consent shall not be obtained comprehensively in advance when registering. At this time, the “Mall” shall specify the personal information items provided, the recipient, the purpose of the recipient's use of the personal information, and the retention and use period to the buyer. However, if there are other provisions in the relevant laws, such as in the case of entrusting personal information processing pursuant to Article 25 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the provisions shall be followed.
Article 10 (Formation of Contract)
The "Mall" may not approve the purchase application as described in Article 9 if any of the following items apply. However, in the case of concluding a contract with a minor, the minor or his/her legal representative shall be notified that the contract may be canceled if the consent of the legal representative is not obtained.
If there are any falsehoods, omissions, or errors in the application
If a minor purchases goods and services prohibited by the Youth Protection Act, such as tobacco, alcohol, etc.
If the ‘Mall’ determines that it is significantly impeded by the technology of the ‘Mall’ to approve the purchase application
The contract shall be deemed to have been concluded when the ‘Mall’'s approval reaches the user in the form of a receipt confirmation notice under Article 12.1.
The “Mall's” acceptance shall include information regarding the confirmation of the user's purchase application, availability of sales, and cancellation of the correction of the purchase application.
Article 11 (Payment Method)
The payment method for goods or services purchased from the “Mall” may be made by any of the following methods. However, the “Mall” may not collect any nominal fee in addition to the price of goods or services for the user's payment method.
Account transfers such as phone banking, internet banking, and mail banking
Prepaid card, debit card, Payment by various cards such as prepaid cards, debit cards, credit cards, etc.
Online bank transfer
Payment by electronic money
Payment upon receipt
Payment by points paid by the ‘Mall’ such as mileage
Payment by gift certificates contracted with the ‘Mall’ or recognized by the ‘Mall’
Payment by other electronic payment methods
Article 12 (Notification of Receipt, Change and Cancellation of Purchase Application)
The "Mall" shall notify the User of the receipt of the User's purchase application.
The User who receives the receipt confirmation notice may request to change or cancel the purchase application immediately after receiving the receipt confirmation notice if there is a discrepancy in the expression of intent, and the "Mall" shall process the request without delay if there is a request from the User before delivery. However, if the payment has already been made, the provisions of Article 15 shall apply.
Article 13 (Supply of Goods, etc.
The "Mall" shall take other necessary measures such as customization, packaging, etc. to deliver the Goods within 7 days from the date the user makes a request, unless there is a separate agreement with the user regarding the timing of the delivery of the Goods. However, if the ‘Mall’ has already received all or part of the payment for the Goods, the ‘Mall’ shall take action within 3 business days from the date of receipt of all or part of the payment. At this time, the “Mall” shall take appropriate measures so that the user can check the procedure and progress of the supply of goods, etc.
The “Mall” shall specify the means of delivery, the person who bears the delivery cost by means, and the delivery period by means for the goods purchased by the user. If the ‘Mall’ exceeds the agreed delivery period, the ‘Mall’ shall compensate the User for any damages caused by the ‘Mall’. However, this shall not apply if the “Mall” proves that it is not intentionally negligent.
Article 14 (Refund)
When the “Mall” cannot deliver or provide the goods that the user has applied to purchase due to reasons such as being out of stock, the ‘Mall’ shall notify the user of the reason without delay, and if the user has received the payment for the goods in advance, the “Mall” shall refund the payment within 3 business days from the date of receipt or take necessary measures to refund the payment.
Article 15 (Withdrawal of Subscription, etc.
A user who has concluded a contract for the purchase of goods with the "Mall" may withdraw his/her subscription within 7 days from the date of receipt of a written statement regarding the contents of the contract pursuant to Article 13, Paragraph 2 of the Act on Consumer Protection in Electronic Commerce (if the supply of goods is later than the date of receipt of the written statement, it refers to the date of receipt of the goods or the start of the supply of goods). However, if the Act on Consumer Protection in Electronic Commerce, etc. provides otherwise regarding the withdrawal of a subscription, the provisions of the Act shall apply.
The User shall not be entitled to return or exchange the Goods if the User has received the Goods in any of the following cases.
If the Goods are lost or damaged due to reasons responsible to the User (however, However, if the packaging, etc. is damaged in order to check the contents of the Goods, you can withdraw the subscription)
If the value of the Goods has been significantly reduced due to the user's use or partial consumption
If the value of the Goods has been significantly reduced to the extent that it is difficult to resell due to the passage of time
If the Goods with the same performance can be duplicated with the original Goods, etc. If the packaging of the original Goods, etc. is damaged if it is possible to duplicate the Goods, etc. with the same performance
In the case of Paragraph 2, Items 2 through 4, the User's right to withdraw the subscription shall not be restricted if the “Mall” does not take measures such as specifying the fact that the withdrawal of the subscription is restricted in advance in a place where the consumer can easily recognize it or providing a trial product.
Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the Goods differ from the contents of the display or advertisement or are performed differently from the contract, the User may withdraw the Goods within 3 months from the date of receipt of the Goods and within 30 days from the date the User knew or could have known the fact.
Article 16 (Effect of withdrawal of subscription, etc.
The "Mall" shall refund the price of goods, etc. already paid within 3 business days after receiving the return of goods, etc. from the user. In this case, if the “Mall” delays in refunding the goods to the user, the “Mall” shall pay the delayed interest calculated by multiplying the delayed interest rate (parentheses deleted) stipulated in Article 21.2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce etc.
In refunding the above payment, the “Mall” shall request the business that provided the payment method to suspend or cancel the billing of the goods and services without delay if the user paid for the goods and services with a payment method such as credit card or electronic money.
In the case of withdrawal of subscription, the user shall bear the cost of returning the goods and services supplied. "The ‘Mall’ shall not charge the User any penalty or damages for withdrawing the subscription, etc. However, if the contents of the goods, etc. are different from the contents of the display or advertisement, or if the User withdraws the subscription because the contract is performed differently, the ‘Mall’ shall bear the cost of returning the goods, etc.
If the user bears the shipping cost when receiving the goods, the "Mall" shall clearly indicate who bears the cost in case of withdrawal of the subscription so that the user can easily understand.
Article 17 (Personal Information Protection)
The "Mall" collects minimum personal information to the extent necessary to provide the service when collecting personal information of users.
The "Mall" does not collect information necessary for the fulfillment of the purchase contract in advance when registering for membership. However, this does not apply to the case of collecting minimum specific personal information when identification is required prior to the purchase contract to fulfill obligations under relevant laws and regulations.
The “Mall” shall notify the user of the purpose and obtain consent when collecting and using the user's personal information.
The “Mall” shall not use the collected personal information for any purpose other than the purpose, and shall notify the user of the purpose and obtain consent at the stage of use and provision if a new purpose of use occurs or if it is provided to a third party. However, exceptions are made in cases where the relevant laws and regulations provide otherwise.
If the “Mall” is required to obtain the consent of the user pursuant to Paragraphs 2 and 3, the identity of the person in charge of personal information protection (affiliation, name and phone number, and other contact information), the purpose of collecting and using the information, and the provision of information to a third party (recipient, purpose of provision, and content of information to be provided) shall be specified or notified in advance, and the user may withdraw this consent at any time.
The user may request to view and correct errors in his/her personal information held by the ‘Mall’ at any time, and the ‘Mall’ shall be obligated to take necessary measures without delay. If the user requests the correction of an error, the “Mall” shall not use the personal information until the error is corrected.
The “Mall” shall limit the number of persons who process the user's personal information to a minimum to protect personal information and shall be liable for any damages caused by the loss, theft, leakage, provision to a third party without consent, falsification, etc. of the user's personal information, including credit card, bank account, etc.
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 collecting or providing the personal information has been achieved.
The ‘Mall’ does not set the consent box for the collection, use, and provision of personal information to be pre-selected. In addition, the “Mall” specifically specifies the services that are restricted when the user refuses to consent to the collection, use, and provision of personal information, and does not restrict or refuse to provide services such as membership for the reason of 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’)
The ‘Mall’ shall not engage in any act prohibited by laws and regulations and these Terms and Conditions 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 and Conditions.
The “Mall” shall have a security system to protect the user's personal information (including credit information) so that the user can use the Internet service safely.
The “Mall” shall be responsible for compensating the user for any damages caused by the unfair display or advertisement of goods or services in accordance with Article 3 of the Act on Fairness of Display and Advertising.
The "Mall" does not send commercial e-mails for commercial purposes that the user does not want.
Article 19 (Member's Obligations for ID and Password)
The member is responsible for managing his/her ID and password except in the case of Article 17.
The Member shall not allow his/her ID and password to be used by a third party.
If the Member realizes that his/her ID and password has been stolen or is being used by a third party, he/she shall immediately notify the Mall and follow the instructions of the Mall.
Article 20 (Obligations of Users)
Users shall not engage in the following acts.
Registering false information when applying or changing
Theft of other people's information
Alteration of information posted on the Mall
Transmission or posting of information (computer programs, etc.) other than the information stipulated by the Mall
Infringement of intellectual property rights such as copyrights of other third parties
Damaging the reputation or interfering with the business of other third parties
Obscene or violent messages, images, audio, or other information that is contrary to public order and morals
Article 21 (Relationship between the Linking Mall and the Subordinate Mall)
The Linking Mall and the Subordinate Mall may link to each other through hyperlinks (e.g., text, audio, video, etc.): The object of the hyperlink includes text, pictures, and animated images, etc.), the former shall be referred to as the connecting “mall” (website) and the latter shall be referred to as the subordinate “mall” (website).
If the linking “mall” expressly states on the initial screen of the linking “mall” or on a pop-up screen at the time of linking that it is not responsible for the transactions conducted with the user based on the goods provided by the linking ‘mall’ independently, the linking “mall” shall not be responsible for such transactions.
Article 22 (Attribution of Copyright and Restrictions on Use)
Copyright and other intellectual property rights to works created by the "Mall" belong to the "Mall."
The user shall not use the information obtained through the use of the "Mall" that belongs to the intellectual property rights of the "Mall" for commercial purposes by reproduction, transmission, publication, distribution, broadcasting, or other methods without the prior consent of the "Mall" or cause a third party to use it.
The "Mall" shall notify the user if it uses the copyright belonging to the user in accordance with the agreement.
Article 23 (Dispute Resolution)
The "Mall" shall establish and operate a damage compensation mechanism to reflect legitimate opinions or complaints raised by users and to compensate for the damage.
The "Mall" shall give priority to complaints and opinions submitted by users. However, if it is difficult to process promptly, the user will be notified of the reason and the processing schedule immediately.
If the user applies for damage relief in connection with an e-commerce dispute between the “Mall” and the user, it may be subject to mediation by the Fair Trade Commission or a dispute mediation organization commissioned by the city or provincial governor.
Article 24 (Jurisdiction and Governing Law)
A lawsuit concerning an e-commerce dispute between the "Mall" and a user shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the user's address at the time of filing, or if there is no address, the district court having jurisdiction over the residence. However, if the address or residence of the user is not clear at the time of filing or if the user is a foreign resident, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
The laws of Korea shall apply to e-commerce disputes between the “Mall” and the user.
Side note (effective date) These Terms and Conditions shall be effective from September 13, 2023.
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