Terms and Conditions
Article 1 (Purpose)
The purpose of these Terms and Conditions is to define the rights, obligations, and responsibilities of the cyber mall and the users in relation to the use of internet-related services (hereinafter referred to as "Services") provided by the cyber mall "Korehalal Trip" operated by ICU Company (e-commerce business operator).
These Terms and Conditions also apply to electronic commerce using PC communication, wireless, etc., as long as it does not contradict its nature.
Article 2 (Definitions)
1. "Mall" refers to a virtual business place set up by ICU Company to provide goods or services (hereinafter referred to as "Goods, etc.") to users using computers or other information and communication equipment. It is also used to refer to the business operator that runs the cyber mall.
2. "User" refers to both members and non-members who access the "Mall" and receive the services provided by the "Mall" in accordance with these Terms and Conditions.
3. "Member" refers to a person who has registered as a member of the "Mall" and can 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 (Specification, Explanation, and Amendment of Terms and Conditions)
1. The "Mall" shall post the contents of these Terms and Conditions, company name, representative's name, business office address (including the address where consumer complaints can be handled), telephone number, fax number, email address, business registration number, telecommunication sales report number, and personal information manager on the initial service screen (front page) of the 00 cyber mall so that users can easily find them. However, the contents of the Terms and Conditions can be made available to users through a connected screen.
2. Before users agree to these Terms and Conditions, the "Mall" must provide a separate connected screen or pop-up screen to ensure users can understand important contents such as withdrawal of subscription, delivery responsibilities, and refund conditions.
3. The "Mall" may amend these Terms and Conditions within the scope of not violating 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 Electronic Transactions, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, and the Basic Consumer Act.
4. When the "Mall" amends the Terms and Conditions, it shall specify the application date and reasons for the amendment, and post the current and amended Terms and Conditions on the initial screen of the mall from 7 days before the application date until the day before the application date. However, if the amendment is disadvantageous to users, it shall be notified at least 30 days in advance. In this case, the "Mall" shall clearly compare the contents before and after the amendment so that users can easily understand.
5. When the "Mall" amends the Terms and Conditions, the amended Terms and Conditions apply only to contracts concluded after the application date, and the previous Terms and Conditions apply to contracts already concluded before the application date. However, if a user who has already concluded a contract wishes to be subject to the amended Terms and Conditions, the user can notify the "Mall" within the notice period of the amendment under Paragraph 3, and obtain the consent of the "Mall" to apply the amended Terms and Conditions.
6. Matters not specified in these Terms and Conditions and interpretations of these Terms and Conditions shall follow the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Consumer Protection Guidelines in Electronic Commerce, etc. determined by the Fair Trade Commission, and related laws or commercial practices.
Article 4 (Provision and Change of Services)
1. The "Mall" performs the following tasks:
1. Providing information on goods or services and concluding purchase contracts.
2. Delivering goods or services for which purchase contracts have been concluded.
3. Other tasks determined by the "Mall."
2. If the "Mall" changes the content of the goods or services to be provided in future contracts due to the sellout of goods or services or changes in technical specifications, it shall immediately notify the content of the changed goods or services and the date of provision by posting it where the current goods or services are displayed.
3. In the event of changes to the content of the services the "Mall" has agreed to provide with the user due to sellout of goods or changes in technical specifications, the "Mall" shall immediately notify the user of the reason using an address that can be contacted.
4. In the case of the preceding paragraph, the "Mall" shall compensate users for any damages caused. However, this does not apply if the "Mall" proves that there was no intention or negligence.
Article 5 (Suspension of Services)
1. The "Mall" may temporarily suspend the provision of services in the event of maintenance, replacement, breakdown of information and communication equipment like computers, or interruption of communication.
2. The "Mall" shall compensate users or third parties for damages caused by the temporary suspension of service provision for the reasons in Paragraph 1. However, this does not apply if the "Mall" proves that there was no intention or negligence.
3. In case the service cannot be provided due to the conversion of business items, abandonment of business, integration between companies, etc., the "Mall" shall notify users in the manner specified in Article 8 and compensate consumers according to the conditions initially presented by the "Mall." However, if the "Mall" does not notify the compensation standards, etc., users' mileage or reserve funds shall be paid to users in kind or cash equivalent to the currency value used in the "Mall."
Article 6 (Membership Registration)
1. Users apply for membership by filling out member information according to the registration form set by the "Mall" and expressing their consent to these Terms and Conditions.
2. The "Mall" registers users who apply for membership as described in Paragraph 1, unless they fall under the following categories:
1. If the applicant has previously lost membership under Paragraph 3 of Article 7 of these Terms and Conditions. However, exceptions are made if the applicant has been approved for re-registration by the "Mall" after three years from losing membership under Paragraph 3 of Article 7.
2. If there are false, omitted, or incorrect entries in the registration content.
3. If registering as a member is deemed to cause significant technical difficulties for the "Mall."
3. The time of the establishment of the membership contract is when the "Mall's" acceptance reaches the member.
4. If there are changes to the registered information, the member must notify the "Mall" of the changes within a considerable period through member information modification methods.
Article 7 (Withdrawal and Disqualification of Membership)
1. Members can request withdrawal from the "Mall" at any time, and the "Mall" shall immediately process the withdrawal.
2. If a member falls under the following reasons, the "Mall" may restrict or suspend membership:
1. If false information was registered at the time of application.
2. If the member fails to pay the due amount for the goods purchased or other debts related to the use of the "Mall."
3. If the member threatens the order of electronic commerce by interfering with the use of the "Mall" by others or stealing information.
4. If the member uses the "Mall" to conduct acts prohibited by laws or these Terms and Conditions or against public order and morals.
3. After restricting or suspending membership, if the same act is repeated more than twice or the reason is not corrected within 30 days, the "Mall" may terminate the membership.
4. If the "Mall" terminates membership, it shall notify the member and delete the member registration. In this case, the member shall be given at least 30 days to explain before the registration is deleted.
Article 8 (Notification to Members)
1. When the "Mall" notifies members, it can be done to the email address designated by the member in advance with the "Mall."
2. For unspecified members, the "Mall" can substitute individual notifications by posting on the "Mall" bulletin board for more than one week. However, individual notifications must be made for matters that have a significant impact on the member's own transactions.
Article 9 (Purchase Application and Consent to Provide Personal Information)
1. Users apply for purchases on the "Mall" by the following or similar methods, and the "Mall" shall make the following details easily understandable for users:
1. Search and select goods, etc.
2. Enter the recipient's name, address, phone number, email address (or mobile phone number), etc.
3. Confirm contents related to the costs borne by the user such as the contents of the terms and conditions, services with withdrawal rights restrictions, and delivery fees and installation costs.
4. Indicate agreement to these Terms and Conditions and confirm or reject the items in Subparagraph 3 (e.g., mouse click).
5. Purchase application for goods, etc. and confirm or consent to the "Mall's" confirmation.
6. Select the payment method.
2. If the "Mall" needs to provide the purchaser's personal information to a third party, it must notify the purchaser of 1) the recipient of the personal information, 2) the purpose of using the recipient's personal information, 3) the items of personal information provided, and 4) the period of retention and use of the recipient's personal information and obtain consent. (The same applies when there are changes to the consented matters.)
3. If the "Mall" delegates the handling of the purchaser's personal information to a third party, it must notify the purchaser of 1) the person to whom personal information is delegated, and 2) the content of the delegated work and obtain consent. (The same applies when there are changes to the consented matters.) However, if it is necessary for the fulfillment of the service contract and related to the convenience of the purchaser, the "Mall" can notify through the privacy policy by the method stipulated in the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., without going through the notification and consent procedure.
Article 10 (Establishment of Contract)
1. The "Mall" may not accept the purchase application in the following cases. However, in the case of concluding a contract with a minor, the "Mall" must notify that the contract can be canceled by the minor or their legal representative if the consent of the legal representative is not obtained:
1. If there is false, omitted, or incorrect information in the application.
2. If minors purchase goods and services prohibited by the Juvenile Protection Act, such as tobacco and alcohol.
3. If accepting the purchase application is deemed to cause significant technical difficulties for the "Mall."
2. The contract is deemed to be established when the "Mall's" acceptance reaches the user in the form of a receipt confirmation notice as stipulated in Paragraph 1 of Article 12.
3. The "Mall's" acceptance shall include confirmation of the user's purchase application, availability of sale, and information on correction or cancellation of the purchase application.
Article 11 (Payment Methods)
The payment methods for goods or services purchased on the "Mall" can be made using any of the following available methods. The "Mall" shall not charge any additional fees for the payment method chosen by the user.
1. Various account transfers such as phone banking, internet banking, and mail banking
2. Payments using various cards such as prepaid cards, debit cards, and credit cards
3. Online deposit without a bankbook
4. Payment through electronic money
5. Payment upon receipt
6. Payment using points provided by the "Mall" such as mileage
7. Payment using gift certificates that the "Mall" has contracted or recognized
8. Other electronic payment methods
Article 12 (Receipt Confirmation Notice and Change or Cancellation of Purchase Application)
1. When there is a purchase application from a user, the "Mall" shall send a receipt confirmation notice to the user.
2. Upon receiving the receipt confirmation notice, the user can request changes or cancellations of the purchase application immediately if there are discrepancies in their intention. The "Mall" shall process the request promptly before shipping. However, if payment has already been made, the regulations on withdrawal of subscription, etc., in Article 15 shall apply.
Article 13 (Supply of Goods, etc.)
1. Unless there is a separate agreement with the user regarding the supply period of the goods, etc., the "Mall" shall take necessary measures such as order production and packaging to ship the goods within 7 days from the date of the user's subscription. However, if the "Mall" has already received all or part of the payment for the goods, it shall take necessary measures within 3 business days from the date of receiving the payment. In this case, the "Mall" shall take appropriate measures to allow users to check the supply process and progress of the goods, etc.
2. The "Mall" shall specify the shipping method, the bearer of shipping costs for each method, and the delivery period for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, it shall compensate the user for the damages caused. However, this does not apply if the "Mall" proves that there was no intention or negligence.
Article 14 (Refund)
If the "Mall" cannot deliver or provide the goods, etc., due to reasons such as being out of stock, it shall notify the user immediately and, if payment for the goods, etc., was received in advance, it shall refund or take necessary measures for the refund within 3 business days from the date of payment.
Article 15 (Withdrawal of Subscription, etc.)
1. Users who have entered into a contract with the "Mall" for the purchase of goods, etc., may withdraw their subscription within 7 days from the date they received a written document regarding the contract (or from the date the goods were received or the supply of goods commenced if the supply is later than the receipt of the written document), in accordance with Article 13(2) of the Act on Consumer Protection in Electronic Commerce, etc. However, if otherwise specified in the Act on Consumer Protection in Electronic Commerce, etc., the provisions of the Act shall apply.
2. Users who have received the goods can return or exchange them in the following cases:
1. If the goods are lost or damaged due to reasons attributable to the user (except if the packaging was damaged to check the contents of the goods).
2. If the value of the goods, etc., has significantly decreased due to the user's use or partial consumption.
3. If the value of the goods, etc., has significantly decreased to the extent that resale is difficult due to the passage of time.
4. If the packaging of the original goods, etc., is damaged when it can be reproduced with the same performance.
3. In cases of Subparagraphs 2 to 4 of Paragraph 2, if the "Mall" has not clearly specified that the withdrawal of subscription, etc., is restricted in a place easily noticeable by consumers or provided trial products, the user's withdrawal of subscription, etc., shall not be restricted.
4. Notwithstanding Paragraphs 1 and 2, if the content of the goods, etc., is different from the displayed or advertised content or if it is executed differently from the contract, the user can withdraw their subscription within 3 months from the date they received the goods, etc., or within 30 days from the date they became aware or could have become aware of the fact.
Article 16 (Effects of Withdrawal of Subscription, etc.)
1. When the "Mall" receives the returned goods, etc., it shall refund the payment for the goods, etc., within 3 business days. In this case, if the "Mall" delays the refund to the user, it shall pay the delayed interest calculated by multiplying the delay period by the delayed interest rate stipulated in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc.
2. When the "Mall" refunds the payment, if the user paid for the goods, etc., with a credit card or electronic money, it shall immediately request the business operator who provided the payment method to stop or cancel the claim for the goods, etc.
3. In the case of withdrawal of subscription, etc., the user shall bear the cost of returning the supplied goods, etc. The "Mall" shall not claim any penalty or damages from the user for withdrawal of subscription, etc. However, if the withdrawal of subscription is due to the content of the goods, etc., being different from the displayed or advertised content or being executed differently from the contract, the "Mall" shall bear the cost of returning the goods, etc.
4. If the user was responsible for the shipping cost when receiving the goods, the "Mall" shall clearly indicate who will bear the cost of withdrawal of subscription so that the user can easily understand.
Article 17 (Protection of Personal Information)
1. The "Mall" shall collect the minimum necessary personal information within the scope required for the provision of services.
2. The "Mall" shall not collect information necessary for fulfilling purchase contracts in advance during membership registration. However, this does not apply if it is necessary to verify the user's identity before fulfilling legal obligations under relevant laws and only the minimum specific personal information is collected.
3. When the "Mall" collects and uses personal information, it shall notify the user of the purpose and obtain their consent.
4. The "Mall" shall not use the collected personal information for purposes other than the intended purpose, and if a new use purpose arises or it is provided to a third party, it shall notify the user of the purpose and obtain their consent at the stage of use or provision. However, exceptions are made if otherwise specified by relevant laws.
5. If the "Mall" needs to obtain the user's consent in accordance with Paragraphs 2 and 3, it shall specify or notify the user's identity (affiliation, name, phone number, other contact information), the purpose of collecting and using information, and the details regarding the provision of information to third parties (recipient, purpose of provision, and content of information to be provided) in advance as stipulated in Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the user can withdraw this consent at any time.
6. Users can request to view and correct errors in their personal information held by the "Mall" at any time, and the "Mall" is obliged to take necessary measures without delay. If the user requests correction of an error, the "Mall" shall not use the relevant personal information until the error is corrected.
7. The "Mall" shall minimize the number of personnel handling personal information and shall be fully responsible for any damages to users caused by loss, theft, leakage, provision without consent, or alteration of the user's personal information, including credit card and bank account information.
8. When the purpose of collecting or receiving personal information is achieved, the "Mall" or the third party who received the personal information shall immediately destroy the information.
9. The "Mall" shall not set the consent box for the collection, use, and provision of personal information to be pre-selected. Additionally, it shall clearly specify the services that will be restricted if the user refuses to consent to the collection, use, and provision of personal information, and shall not restrict or refuse to provide services such as membership registration due to the user's refusal to consent to non-essential information.
Article 18 (Obligations of the "Mall")
1. The "Mall" shall not engage in acts prohibited by laws or these Terms and Conditions or against public order and morals and shall do its best to provide continuous and stable goods and services as stipulated in these Terms and Conditions.
2. The "Mall" shall have a security system to protect users' personal information (including credit information) to ensure that users can use internet services safely.
3. The "Mall" shall be responsible for compensating users for damages caused by unfair display or advertisement as stipulated in Article 3 of the Act on Fair Labeling and Advertising regarding goods or services.
4. The "Mall" shall not send commercial emails for profit-making purposes that users do not want.
Article 19 (Responsibilities of Members regarding ID and Password)
1. Members are responsible for managing their ID and password except in cases stipulated in Article 17.
2. Members shall not allow third parties to use their ID and password.
3. If a member realizes that their ID and password are stolen or being used by a third party, they shall immediately notify the "Mall" and follow the "Mall's" guidance.
Article 20 (User Obligations)
Users shall not engage in the following activities:
1. Registering false information during application or change.
2. Stealing others' information.
3. Changing information posted on the "Mall."
4. Transmitting or posting information (such as computer programs) other than the information specified by the "Mall."
5. Infringing on the intellectual property rights of the "Mall" or third parties.
6. Damaging the reputation of the "Mall" or third parties or interfering with their business.
7. Disclosing or posting obscene or violent messages, images, voices, or other information against public order and morals on the "Mall."
Article 21 (Relationship between Linked "Mall" and Subordinate "Mall")
1. In cases where a higher-level "Mall" and a lower-level "Mall" are connected by a hyperlink (e.g., the target of the hyperlink includes text, images, and moving images), the former is referred to as the linked "Mall" (website), and the latter is referred to as the subordinate "Mall" (website).
2. If the linked "Mall" specifies on its initial screen or a pop-up screen at the time of connection that it does not guarantee the transactions conducted independently by the subordinate "Mall" for goods, etc. provided by the subordinate "Mall," it does not bear the responsibility for such transactions.
Article 22 (Attribution of Copyright and Restrictions on Use)
1. The copyright and other intellectual property rights for works created by the "Mall" belong to the "Mall."
2. Users shall not use the information obtained by using the "Mall" for commercial purposes or allow third parties to use it by reproducing, transmitting, publishing, distributing, broadcasting, or other means without the prior consent of the "Mall."
3. If the "Mall" uses the copyrighted works attributed to users according to the agreement, it shall notify the relevant user.
Article 23 (Dispute Resolution)
1. The "Mall" shall establish and operate a damage compensation handling organization to reflect legitimate opinions or complaints raised by users and compensate for the damage.
2. The "Mall" shall prioritize handling complaints and opinions submitted by users. However, if prompt processing is difficult, the "Mall" shall immediately notify the user of the reasons and the processing schedule.
3. In the case of disputes arising from electronic commerce transactions between the "Mall" and users, if a user requests damage relief, it can follow the mediation of the dispute resolution institution commissioned by the Fair Trade Commission or the head of a city or province.
Article 24 (Jurisdiction and Governing Law)
1. Lawsuits related to electronic commerce disputes between the "Mall" and users shall be based on the user's address at the time of filing, and if there is no address, the district court with jurisdiction over the user's place of residence. However, if the user's address or place of residence is unclear at the time of filing or if the user is a foreign resident, it shall be submitted to the competent court under the Civil Procedure Act.
2. The laws of Korea shall apply to electronic commerce lawsuits filed between the "Mall" and users.