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Revised E-commerce Terms and Conditions

Standard Terms and Conditions for E-Commerce (Internet Cyber Mall)

 

Article 1 (Purpose)

 

These terms and conditions aim to regulate the rights, obligations, and responsibilities of the cyber mall operated by (Korean Gap Year Co., Ltd.) (hereinafter referred to as "Mall") and its users regarding the internet-related services (hereinafter referred to as "Services") provided by the Mall

※ 「This agreement also applies to electronic commerce using PC communication, wireless, etc., to the extent that it does not contradict the nature of this agreement.」

 

Article 2 (Definitions)

① "Mall" refers to the virtual business place set up by Korea GapYear Co., Ltd. using computer and other information and communication equipment to provide goods or services (hereinafter referred to as "Goods, etc.") to users and also means the business operator running the cyber mall.

② "User" refers to members and non-members who access the "Mall" and use the services provided by the "Mall" according to these terms and conditions.

③ "Member" refers to a person who has registered as a member of the "Mall" and is able to continuously use the services provided by the "Mall."

④ "Non-member" refers to a person who uses the services provided by the "Mall" without registering as a member.

 

Article 3 (Display and Amendment of Terms and Conditions)

① The "Mall" shall display the contents of these terms and conditions, the business name and representative’s name, the address of the business place (including the address where consumer complaints can be handled), phone number, fax number, email address, business registration number, mail order business registration number, and the person in charge of managing personal information so that users can easily find them on the initial service screen of the cyber mall. However, the contents of the terms and conditions can be provided through a linked screen.

② Before the user agrees to the terms and conditions, the "Mall" must provide a separate link or popup screen to help the user understand important contents such as the right of withdrawal, delivery responsibility, and refund conditions.

③ The "Mall" may amend these terms and conditions within the scope of not violating the relevant laws, such as the "Act on the Consumer Protection in Electronic Commerce," "Act on the Regulation of Terms and Conditions," "Electronic Document and Electronic Transaction Basic Act," "Electronic Financial Transactions Act," "Electronic Signatures Act," "Act on the Promotion of Information and Communication Network Utilization and Information Protection, etc.," "Act on the Regulation of Visiting Sales, etc.," and the "Consumer Basic Act.

④ When the "Mall" amends the terms and conditions, it must announce the application date and reasons for the amendment along with the current terms and conditions on the initial screen of the mall from 7 days before the application date to the day before the application date. However, if the amendment is disadvantageous to the user, the notice period must be at least 30 days, and the "Mall" must clearly compare the old and new terms for easy understanding.

⑤ If the "Mall" amends the terms and conditions, the amended terms and conditions will only apply to contracts concluded after the application date. For contracts concluded before the amendment, the previous terms and conditions will apply. However, if a user who has concluded a contract wants to apply the amended terms and conditions, they must send their intention to the "Mall" within the notice period for the amended terms and conditions, and upon obtaining the "Mall"'s consent, the amended terms and conditions will apply.

⑥ For matters not specified in these terms and conditions and the interpretation of these terms and conditions, the "Act on the Consumer Protection in Electronic Commerce," "Act on the Regulation of Terms and Conditions," guidelines for consumer protection in electronic commerce set by the Fair Trade Commission, and related laws or common practices will apply.

 

Article 4 (Provision and Change of Services)

① The "Mall" performs the following tasks:

1. Providing information about goods or services and concluding purchase contracts.

2. Delivering goods or services for which a purchase contract has been concluded.

3. Other tasks are determined by the "Mall."

② In case of out-of-stock goods or changes in technical specifications, the "Mall" may change the content of the goods or services to be provided under future contracts. In such cases, the "Mall" will immediately announce the changed content and provision date of the goods or services on the place where the current goods or services are posted.

③ If the "Mall" changes the content of the services contracted with the user due to out-of-stock goods or changes in technical specifications, it will immediately notify the user at an address where the user can be reached.

④ In the case mentioned above, the "Mall" will compensate for any damages suffered by the user. However, this does not apply if the "Mall" proves that it had no intent or negligence.

 

Article 5 (Suspension of Services)

① The "Mall" may temporarily suspend the provision of services in cases such as maintenance and inspection of information and communication equipment, replacement, malfunction, or interruption of communication.

② The "Mall" will compensate for damages incurred by users or third parties due to the temporary suspension of services. However, this does not apply if the "Mall" proves that it had no intent or negligence.

③ In cases such as a change in business items, abandonment of business, or merger with another company, if the "Mall" can no longer provide services, it will notify the users according to Article 8 and compensate consumers according to the conditions initially presented by the "Mall." If the "Mall" does not inform the compensation criteria, it will provide users with goods or cash equivalent to the value of mileage or accumulated points used in the "Mall."

 

Article 6 (Membership Registration)

① Users apply for membership by filling out member information in accordance with the registration form set by the "Mall" and expressing their intention to agree to these terms and conditions.

② “The "Mall" will register the applicant as a member unless the applicant falls under the following:

  1. An applicant who has previously lost membership under Article 7, Section 3, unless three years have passed since the loss and the applicant has obtained the "Mall"'s approval for re-registration.           2. If there is false information, omission, or error in the registration details.
  2. If the "Mall" judges that the registration as a member causes significant technical difficulties.

③ The membership registration contract is established when the "Mall"'s acceptance reaches the member

④ Members must inform the "Mall" of any changes in the registered details within a reasonable time by modifying their member information.

 

Article 7 (Member Withdrawal and Loss of Membership)

① Members may request withdrawal from the "Mall" at any time, and the "Mall" will process the withdrawal immediately.

② The "Mall" may restrict or suspend a member’s qualification in the following cases:

1. If false information was provided at the time of application.

2. If the member fails to pay the price of goods purchased or other debts related to the use of the "Mall" by the due date.

3. If the member disrupts other users' use of the "Mall" or infringes on the information of others, threatening the order of electronic commerce.

4. If the member engages in acts prohibited by laws or these terms and conditions or contrary to public morals.

③ If the same act occurs more than twice or the cause is not corrected within 30 days after the restriction or suspension of membership, the "Mall" may terminate the member’s qualification.

④ If the "Mall" terminates a member’s qualification, it will delete the member registration. In this case, the member will be notified, and at least 30 days will be given before the deletion to provide an opportunity to explain.

 

Article 8 (Notification to Members)

① When notifying a member, the "Mall" may use the electronic mail address designated by the member in advance.

② For notifications to an unspecified number of members, the "Mall" may substitute individual notifications by posting on the "Mall" bulletin board for at least one week. However, for matters significantly affecting the individual’s transactions, individual notifications will be made.

 

Article 9 (Purchase Application)

① Users of the "Mall" can apply for purchases by following these or similar methods, and the "Mall" must provide the following information clearly:

1. Search and select goods, etc.

2. Enter the recipient's name, address, phone number, email address (or mobile phone number), etc.

3. Confirm terms of the agreement, services with restricted right of withdrawal, and cost-related information such as shipping and installation fees

4. Agree to the terms of this agreement and confirm or refuse the items in subparagraph 3 (e.g., mouse click)

5. Confirm the purchase application of goods, etc., and agree to the "Mall's" confirmation

6. Select a payment method

② If the "Mall" needs to provide a buyer's personal information to a third party, it must inform the buyer of: 1) The recipient of the personal information, 2)The purpose of use by the recipient, 3) The items of personal information provided, 4) The retention and use period by the recipientand obtain consent.(The same applies if the details change.)

 

③ If the "Mall" entrusts the handling of the buyer's personal information to a third party, it must inform the buyer of: 1) The recipient of the personal information, 2) The details of the entrusted tasks, and obtain consent.(The same applies if the details change.) However, if it is necessary for fulfilling a service contract and related to the buyer's convenience, the "Mall" can inform via the privacy policy as prescribed by the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., without going through notification and consent procedures.

 

Article 10 (Formation of Contract)

①  The "Mall" may refuse to accept purchase applications as described in Article 9 if any of the following apply. However, when entering into a contract with a minor, the "Mall" must inform that if consent from the legal representative is not obtained, the minor or the legal representative may cancel the contract.

 

1. If the application contains false information, omissions, or errors.

2. If a minor purchases goods or services prohibited by the Youth Protection Act, such as cigarettes or alcohol.

3. If accepting the purchase application is deemed to significantly hinder the "Mall's" technical operations.

 

② The contract is considered formed at the time when the "Mall's" acceptance reaches the user in the form of an order confirmation notice as described in Article 12, Paragraph 1.

③ The "Mall's" expression of acceptance must include confirmation of the user's purchase application, availability of the goods, and information on the correction or cancellation of the purchase application.

 

Article 11 (Payment Methods)

The payment methods for goods or services purchased from the "Mall" can be made using any of the following available methods. However, the "Mall" may not impose any additional fees or charges on the payment methods used by the user.

 

1. Various account transfers, including phone banking, internet banking, and mail banking

2. Various card payments, including prepaid cards, debit cards, and credit cards

3. Online bank transfers without an account

4. Payment by electronic currency

5. Payment upon receipt

6. Payment using mileage or points awarded by the "Mall"

7. “Payment using gift certificates contracted with or recognized by the "Mall"

8. Other electronic payment methods 

 

Article 12 (Receipt Confirmation Notice, Purchase Application Changes and Cancellations)

① The "Mall" will send a receipt confirmation notice to the user upon receiving the user's purchase application.

② After receiving the receipt confirmation notice, the user may request changes or cancellations of the purchase application if there are discrepancies in the indication of intent. The "Mall" must promptly process such requests if made before shipment. However, if payment has already been made, the provisions regarding withdrawal of the application in Article 15 shall apply.

 

Article 13 (Supply of Goods, etc.)

① Unless otherwise agreed upon with the user regarding the timing of the supply of goods, the "Mall" will take necessary actions such as order production, packaging, etc., to deliver the goods within 7 days from the date of application. However, if the "Mall" has already received all or part of the payment for the goods, it will take such actions within 3 business days from the date of receipt of the payment. In such cases, the "Mall" will take appropriate measures to allow the user to confirm the supply procedures and progress of the goods.

② The "Mall" will specify the delivery methods, delivery costs by method, and the responsible party for each delivery method for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, it must compensate the user for any damages incurred due to the delay, unless the "Mall" can prove that it was without intent or negligence.

 

Article 14 (Refunds)

If the "Mall" is unable to deliver or provide the goods due to reasons such as stock shortages, it must promptly notify the user of the reason and, if it has received payment for the goods in advance, either refund the payment or take necessary measures for the refund within 3 business days from the date of receipt of the payment. 

 

Article 15 (Withdrawal of Application, etc.)

①Users who have entered into a contract for the purchase of goods or services with the "Mall" may withdraw their application within 7 days from the date they receive a written document regarding the contract terms in accordance with Article 13, Paragraph 2 of the Act on the Protection of Consumers in Electronic Commerce, etc. (If the delivery of goods or services occurs later than the receipt of this document, the date of receipt of the goods or the start of the provision of services shall apply.) However, if there are specific provisions regarding withdrawal of the application in the Act on the Protection of Consumers in Electronic Commerce, etc., those provisions shall apply.

② Users cannot return or exchange goods under the following circumstances:

1. When the goods are lost or damaged due to the user's responsibility (However, if the packaging was damaged to check the contents of the goods, withdrawal of the application is allowed.)

2. When the value of the goods has significantly diminished due to the user's use or partial consumption

3. When the value of the goods has significantly diminished to the extent that resale is difficult due to the passage of time 

4. When the packaging of the goods has been damaged the goods can be replicated with the same performance

③ In cases falling under Paragraph 2, Subparagraphs 2 to 4, if the "Mall" did not clearly state in advance the fact that withdrawal of application may be restricted or did not take measures such as providing trial products, the user's right to withdraw the application is not restricted.

④ Notwithstanding the provisions of Paragraphs 1 and 2, if the goods differ from the content of the advertisement or the contract, the user may withdraw the application within 3 months from the date of receiving the goods, or within 30 days from the date the user becomes aware of or could reasonably be expected to become aware of the discrepancy.

 

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

① The "Mall" will refund the payment for the goods within 3 business days upon receiving the returned goods from the user. If the "Mall" delays the refund, it must pay delay interest calculated by multiplying the delay period by the interest rate prescribed in Article 21-2 of the Enforcement Decree of the Act on the Protection of Consumers in Electronic Commerce, etc.

② When refunding the payment, if the user has made the payment using a credit card or electronic currency, the "Mall" must promptly request the provider of the payment method to suspend or cancel the charge for the goods.

③ In the case of withdrawal of the application, the user is responsible for the cost of returning the goods. The "Mall" will not claim any penalty or damages from the user due to withdrawal. However, if the goods differ from the advertisement or contract, the "Mall" will bear the cost of returning the goods.

④ If the user has paid for shipping costs when receiving the goods, the "Mall" must clearly indicate who will bear these costs in the case of a withdrawal of the application.

 

Article 17 (Personal Information Protection)

① The "Mall" collects only the minimum amount of personal information necessary for providing services when collecting users' personal information. The following items are mandatory, while other items are optional:

1. Name

2. Resident registration number (for members) or foreign registration number

3. Address

4. Phone number

5. Desired ID (for members)

6. Password (for members)

7. Email address (or mobile phone number)

 

② The "Mall" does not collect information required for the fulfillment of purchase contracts during membership registration. However, this does not apply in cases where minimal specific personal information is required for compliance with legal obligations before the purchase contract. 

③ When collecting and using personal information, the "Mall" will notify the user of the purpose and obtain consent.

④ The "Mall" may not use collected personal information for purposes other than those for which it was collected. If a new purpose arises or if the information is to be provided to a third party, the "Mall" will notify the user of the new purpose and obtain consent at the time of use or provision. Exceptions to this include:

 

1. Providing minimal user information (such as name, address, and phone number) to delivery companies for delivery purposes

2. Providing information in a form that does not identify individuals for statistical, academic research, or market research purposes

3. Necessary information for payment settlement related to the transaction of goods

4. Verification of identity to prevent fraud

5. Legal requirements or other unavoidable reasons stipulated by law

 

⑤ If the "Mall" must obtain user consent under Paragraphs 2 and 3, it must specify or notify the user of the following items as stipulated in Article 22, Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.: the identity of the personal information manager (affiliation, name, and phone number, and other contact details), the purpose of collecting and using the information, and information regarding third-party provision (recipient, purpose, and content of the information provided). Users may withdraw their consent at any time.

 

⑥ Users can request to view and correct errors in their personal information held by the "Mall" at any time. The "Mall" is obligated to take necessary actions promptly. If a user requests correction of errors, the "Mall" will not use the personal information until the correction is made.

 

⑦ The "Mall" will limit the number of people handling personal information to the minimum necessary for privacy protection and is responsible for any damages caused by loss, theft, leakage, unauthorized third-party provision, or tampering with users' personal information, including credit card and bank account information.

 

⑧ The "Mall" or any third party receiving personal information from the "Mall" will destroy the personal information promptly once the purpose of collection or provision is achieved.

 

⑨ The "Mall" will not pre-select consent for the collection, use, or provision of personal information. Additionally, it will clearly specify any services that are restricted if users refuse to consent to the collection, use, or provision of non-essential personal information. The "Mall" will not limit or refuse service provisions, such as membership registration, due to the refusal of consent for the collection, use, or provision of non-essential personal information.

 

Article 18 (Obligations of the "Mall")

① The "Mall" shall not engage in any acts prohibited by law or these terms and conditions or contrary to public morals and customs. The "Mall" shall make every effort to continuously and reliably provide goods and services as stipulated by these terms and conditions.

② The "Mall" must have a security system in place to protect users' personal information (including credit information) to ensure that users can safely use the internet services.

③ If the "Mall" engages in unfair representation or advertising practices as defined in Article 3 of the Act on Fairness in Advertising and Labeling and causes harm to users, the "Mall" is responsible for compensating the damages. However, this does not apply if the "Mall" can prove that there was no intent or negligence.

④ The "Mall" will not send unsolicited commercial electronic mail to users.

 

Article 19 (Obligations Regarding Member ID and Password)

① Except for cases described in Article 17, the responsibility for managing IDs and passwords lies with the member.

② Members must not allow a third party to use their ID and password.

③ If a member becomes aware that their ID or password has been stolen or is being used by a third party, they must immediately notify the "Mall" and follow the instructions provided by the "Mall."

 

Article 20 (User Obligations)

Users must not engage in the following actions:

 

1. Registering false information during application or changes.

2. Using another person’s information without authorization.

3. Altering information posted by the "Mall".

4. Sending or posting information (such as computer programs) other than what is specified by the "Mall".

5. Infringing upon the copyrights or other intellectual property rights of the "Mall" or third parties.

6. Damaging the reputation or disrupting the operations of the "Mall" or third parties.

7. Publicly disclosing or posting obscene or violent messages, images, voices, or any other information that violates public morals and customs.

 

Article 21 (Relationship Between Linked and Linked-to "Malls")

① When a higher-level "Mall" and a lower-level "Mall" are connected through hyperlinks (e.g., text, images, and videos), the former is referred to as the "linked Mall" (website) and the latter as the "linked-to Mall" (website).

② If the "linked Mall" clearly states on its initial screen or in a pop-up at the time of linking that it does not take responsibility for the transactions made by users with the goods or services provided by the "linked-to Mall," then it will not be liable for those transactions. 

 

Article 22 (Ownership of Copyright and Usage Restrictions)

① Copyright and other intellectual property rights for materials created by the "Mall" belong to the "Mall."

② Users may not use information obtained from the "Mall" for commercial purposes, such as reproducing, transmitting, publishing, distributing, broadcasting, or otherwise utilizing the information without prior consent from the "Mall."

③ When the "Mall" uses copyright owned by users according to an agreement, it must notify the respective user.

 

Article 23 (Dispute Resolution)

① The "Mall" will establish and operate a compensation handling organization to reflect users' legitimate opinions or complaints and process compensation for damages.

② The "Mall" will prioritize handling complaints and opinions submitted by users. If prompt resolution is difficult, the "Mall" will immediately notify the user of the reason and schedule for processing.

③ In case of disputes related to electronic commerce between the "Mall" and users, users can request mediation from the Fair Trade Commission or a dispute resolution agency designated by the provincial governor.

 

Article 24 (Jurisdiction and Governing Law)

① Lawsuits arising from electronic commerce disputes between the "Mall" and users shall be under the exclusive jurisdiction of the district court that has jurisdiction over the user's address at the time of filing. If the user's address is not available or if the user resides abroad, the case shall be filed in the court with jurisdiction under the Civil Procedure Act. 

② Korean law shall apply to electronic commerce lawsuits filed between the "Mall" and users.




Korea Fair Trade Commission
Standard Terms and Conditions No. 10023
(Revised June 26, 2015)

 

*In case of Mistranslation the Korean Version applies

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