Terms of service
Article 1 (Purpose)
This agreement aims to define the rights, duties, and responsibilities of the cyber mall and users in the use of Internet-related services (hereinafter referred to as "services") provided by Jina F&C (e-commerce business operator) via the Jina F&C cyber mall (hereinafter referred to as "the mall").
※ "This agreement also applies to e-commerce that uses PC communication, wireless, etc., unless it contradicts its nature."
Article 2 (Definition)
1. "Mall" refers to a virtual business place set up by Jina F&C to enable users to trade goods or services (hereinafter referred to as "goods, etc.") using information and communication equipment such as computers, and it is also used to refer to a business operator that operates a cyber mall.
2. "User" refers to members and non-members who access the "mall" and receive services provided by the "mall" in accordance with these Terms and Conditions.
3. "Member" refers to a person who has registered with the "mall" and who 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 subscribing to membership.
Article 3 (Specification and Explanation and Amendment of Terms and Conditions)
1. "Mall" shall post on the initial service screen (front page) of the 00 cyber mall the contents of these terms and conditions, the name of the mall and the name of the representative, address of the business place (including the address where consumer complaints can be processed), telephone number, facsimile number, email address, business registration number, e-commerce registration number, and the person in charge of personal information management so that users can easily find it. However, the contents of the agreement can be made available to the users via a connected screen.
2. The "mall" must provide a separate connection screen or a pop-up screen to make sure that users can understand the important contents of the agreement such as withdrawal of subscription, delivery responsibility, refund conditions, etc., before agreeing to the terms and conditions.
3. "Mall" can amend these terms and conditions to the extent that it does not violate the related laws such as the "Act on Consumer Protection in Electronic Commerce," "Act on the Regulation of Terms and Conditions," "Basic Act on Electronic Documents and Transactions," "Electronic Financial Transactions Act," "Electronic Signature Act," "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.," "Door-to-Door Sales Act," and "Consumer Basic Act."
4. When the "mall" amends the terms and conditions, the application date and reasons for amendment shall be specified and announced on the initial screen of the mall along with the current terms and conditions from 7 days prior to the application date until the day before the application date. However, in case of a change in the terms and conditions unfavorable to the user, a minimum of 30 days’ notice will be given. In this case, the "mall" clearly compares the contents before and after the revision so that users can easily understand the change.
5. If the "mall" revises the terms and conditions, the revised terms and conditions will only apply to contracts concluded after the date of application, and the previous terms and conditions will apply to contracts already concluded before that. However, if a user who has already entered into a contract sends a signal within the notice period of the revised terms and conditions according to paragraph 3 and receives the consent of the "mall," the revised terms and conditions shall apply.
6. Matters not specified in these terms and conditions and the interpretation of these terms and conditions shall be governed by the Act on Consumer Protection in Electronic Commerce, Act on the Regulation of Terms and Conditions, Consumer Protection Guidelines for Electronic Commerce, etc., as determined by the Fair Trade Commission, and related laws or commercial customs.
Article 4 (Provision and Change of Service)
1. "Mall" performs the following tasks:
1. Provision of information on goods or services and conclusion of purchase contracts.
2. Delivery of goods or services for which a purchase contract has been concluded.
3. Other tasks determined by the "mall".
2. "Mall" may change the content of goods or services to be provided in the future in the event of sold-out goods or changes in technical specifications, etc. In such a case, the "mall" shall immediately notify the change and supply date of the changed goods or services on the place where the current goods or services content is posted.
3. If "mall" changes the content of the service to be provided to the user due to sold-out goods or changes in technical specifications, etc., the "mall" shall immediately notify the user of the reason to the address that can notify the user.
4. In the previous case, the "mall" shall compensate the user for any damage incurred. However, this does not apply if the "mall" proves that there is no intention or negligence.
Article 5 (Interruption of Service)
1. "Mall" may temporarily suspend the provision of services in the event of maintenance checks, replacement of communication facilities, or interruption of communication.
2. "Mall" compensates the user or a third party for damages resulting from the temporary suspension of the service due to the reasons mentioned in paragraph 1. However, this does not apply if the "mall" proves that there is no intention or negligence.
3. In case the service can no longer be provided due to reasons such as switching business types, abandonment of business, or integration between companies, the "mall" shall notify the user according to the method prescribed in Article 8 and compensate the consumer according to the conditions initially proposed by the "mall." However, if the "mall" has not announced compensation standards, etc., it shall pay the users in kind or cash corresponding to the currency value of mileage or accumulated points commonly used in the "mall."
Article 6 (Membership Registration)
1. The user applies for membership registration by filling out the membership information according to the registration form determined by the "mall" and indicating his/her intention to agree to these terms and conditions.
2. "Mall" shall register as a member the user who has applied to become a member as in paragraph 1, unless the user:
1. Has previously lost membership under Article 7 paragraph 3 of these terms and conditions, provided that the user who has lost membership can reapply for membership after 3 years have passed since the loss of membership and obtains the "mall"'s consent to rejoin.
2. Has entered false information, omitted information, or mistyped information.
3. If it is judged that registering as a member significantly impedes the technology of the "mall".
3. The time of establishment of the membership registration contract is when the "mall"'s approval reaches the member.
4. In the event of any change in the registration matters at the time of the membership registration, the member must notify the "mall" of the change by the method of modifying the member information within a considerable period.
Article 7 (Withdrawal of Membership and Loss of Qualifications)
1. A member may request to withdraw from the "mall" at any time, and the "mall" will immediately process the withdrawal.
2. If a member falls under any of the following reasons, the "mall" may limit or suspend membership:
1. In case of registering false information at the time of application.
2. If the member does not pay the debts that the member is responsible for in connection with the use of the "mall" or other services provided by the "mall" by the due date.
3. If the member threatens the order of e-commerce, such as interfering with the use of the "mall" by others or stealing the information.
4. If the member uses the "mall" to conduct an act that is prohibited by the laws or contrary to public order and morals.
3. If the "mall" restricts or suspends the membership and the same act is repeated more than twice or is not corrected within 30 days, the "mall" may lose the membership.
4. When the "mall" loses the membership, the membership registration is canceled. In this case, the member will be notified and given at least 30 days to make a statement before the cancellation of the registration.
Article 8 (Notification to Members)
1. When notifying a member, the "mall" may do so via the email address specified beforehand by the member.
2. The "mall" may replace individual notifications by posting on the "mall" bulletin board for at least one week for notifications to unspecified members. However, for matters that significantly affect the member's own transactions, individual notifications will be made.
Article 9 (Purchase Application and Consent to Provide Personal Information, etc.)
1. "Mall" users apply for purchase by the following or similar methods on the "mall", and the "mall" must provide the following information in an easy-to-understand manner when applying for purchase:
1. Searching and selecting goods, etc.
2. Entering the name, address, telephone number, email address (or mobile phone number), etc. of the recipient.
3. Confirmation of the contents of the terms and conditions, the service with limited right of withdrawal, the cost burden such as shipping cost/installation cost, etc.
4. An indication of agreeing to these terms and conditions and confirming or refusing the items mentioned in item 3 above (e.g., mouse click).
5. Application for purchase of goods, etc., and confirmation thereof or consent to confirmation from the "mall".
6. Selection of payment method.
2. If the "mall" needs to provide the purchaser's personal information to a third party, it must notify the purchaser of the 1) personal information recipient, 2) purpose of the recipient's personal information use, 3) items of personal information provided, and 4) the personal information retention and usage period of the recipient, and obtain consent. (The same applies if the agreed matters are changed.)
3. If the "mall" entrusts a third party to handle the purchaser's personal information, it must notify the purchaser of 1) the personal information handling entrustee and 2) the content of the entrusted work and obtain consent. (The same applies if the agreed matters are changed.) However, it is not necessary to go through the notification and consent procedures as prescribed by the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc." if it is necessary for the fulfillment of the service contract and related to the convenience of the purchaser.
Article 10 (Formation of Contract)
1. The "mall" may not accept the purchase application as described in Article 9 if it falls under any of the following. However, in the case of contracting with a minor, it must notify that the contract can be canceled by the minor or the legal representative if the consent of the legal representative is not obtained.
2. The contract is considered established when the acceptance by the "mall" reaches the user in the form of a confirmation notice as per Article 12, paragraph 1.
3. In the statement of acceptance, the "mall" must include information regarding the confirmation of the user's purchase application, the availability of the sale, correction and cancellation of the purchase application, and so on.
Article 11 (Payment Method)
Payment for goods or services purchased from the "mall" can be made by any of the following methods. However, the "mall" shall not collect any additional fees on the payment of the goods.
Article 12 (Receipt Confirmation Notice, Change and Cancellation of Purchase Application)
1. When a user makes a purchase application, the "mall" will send a receipt confirmation notice.
2. The user who received the receipt confirmation notice can request the change and cancellation of the purchase application immediately after receiving the notice if there is any inconsistency in expression. The "mall" must process the request without delay if there is a request from the user before delivery. However, if payment has already been made, it is subject to the regulations of Article 15 regarding withdrawal of subscription.
Article 13 (Supply of Goods, etc.)
1. Unless otherwise agreed with the user regarding the supply time of goods, etc., the "mall" shall take necessary measures such as order production and packaging so that the goods can be delivered within 7 days from the day of subscription. However, if the "mall" has already received the whole or part of the payment for the goods, etc., it must take the measures within 3 business days from the day the payment was received. At this time, the "mall" shall take appropriate measures to enable the user to check the supply procedure and progress of the goods, etc.
2. The "mall" shall specify to the user the delivery means, the burden of delivery costs by means, and the delivery period by means. If the "mall" exceeds the agreed delivery period, it must compensate the user for the damage. However, this does not apply if the "mall" proves that there was no intention or negligence.
Article 14 (Refund)
If the user's application for purchase of goods, etc., cannot be delivered or provided due to reasons such as being sold out, the "mall" shall notify the user of the reason without delay. If the payment for the goods, etc. has already been received in advance, the "mall" must refund or take necessary measures for refund within 3 business days from the date of receipt.
Article 15 (Refund Policy)
1. Users who have entered into a contract to purchase goods, etc., with the "mall" can refund within 7 days from the day they receive the written contents of the contract as per Article 13, Section 2 of the "Act on Consumer Protection in Electronic Commerce," etc. However, refunds will follow the provisions of the "Act on Consumer Protection in Electronic Commerce" if there are different stipulations.
2. If the user has received the delivery of the goods, they cannot return or exchange them in the following cases:
1. If the goods are destroyed or damaged due to a reason attributable to the user (However, the user can refund if the packaging, etc., was damaged to check the contents of the goods).
2. If the value of the goods has significantly decreased due to the use or partial consumption by the user.
3. If the value of the goods has significantly decreased over time to the point where resale is difficult.
4. If it is possible to replicate goods with the same performance, and the original goods' packaging was damaged.
3. If the "mall" did not clearly state the fact that the refund, etc., would be limited at a place where consumers can easily notice, or did not provide measures such as a trial product, then the user's right to withdrawal is not limited.
4. Notwithstanding the provisions of paragraph 1 and 2, if the contents of the goods are different from the description or advertisement or are not performed as provided in the contract, the user can refund within three months from the day the goods were supplied, or within 30 days from the day they knew or could have known about it.
Article 16 (Effect of Refund, etc.)
1. If the "mall" receives the returned goods from the user, it shall refund the already paid price of the goods within three business days. In case the "mall" delays the refund for the goods, it shall pay delay interest calculated by multiplying the delay period by the delay interest rate prescribed in Article 21-2 of the Enforcement Decree of the "Act on Consumer Protection in Electronic Commerce, etc."
2. In refunding the above payment, if the user has made a payment using a payment method such as a credit card or electronic currency, the "mall" shall immediately request the business operator who provided the payment method to suspend or cancel the billing for the goods.
3. In case of refund, etc., the cost necessary for the return of the supplied goods shall be borne by the user. "Mall" shall not claim any penalty or damages from the user for the reason of the refund, etc. However, if the content of the goods is different from the display or advertisement or if they are performed differently from the contract content and refund, etc., is carried out, the cost necessary for the return of the goods shall be borne by the "mall."
4. If the user has paid the shipping cost when receiving the goods, the "mall" shall clearly indicate who will bear the cost upon refund so that the user can easily know it.
Article 17 (Protection of Personal Information)
1. The "mall" collects the minimum necessary personal information when needed to provide services.
2. The "mall" does not collect information necessary for the performance of the purchase contract prior to membership registration. However, if it is necessary to verify the identity before entering into the purchase contract as required by relevant laws, the "mall" may collect the minimum necessary personal information.
3. The "mall" must notify the user of the purpose and obtain consent when collecting and using the user's personal information.
4. The "mall" may not use the collected personal information for purposes other than intended, and when new usage purposes arise or when provided to a third party, the "mall" must notify the user of the purpose and obtain consent at the time of use or provision. However, exceptions are provided under relevant laws.
5. When the "mall" must obtain the user's consent under paragraph 2 and 3, it must specify in advance or notify the user of the identity of the personal information manager (affiliation, name, phone number, other contact information), purpose of collection and use, matters concerning the provision of information to third parties (recipients, purpose of provision, and contents of the information provided) as prescribed in Article 22, Paragraph 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 may request access to and correction of their personal information held by the "mall" at any time, and the "mall" is obliged to take necessary measures without delay. If a user requests correction of an error, the "mall" shall not use the personal information until the error is corrected.
7. The "mall" is responsible for all damage to the user caused by the loss, theft, leakage, provision without consent, or alteration of the user's personal information, including credit card and bank account information, to ensure the protection of personal information.
8. The "mall" or the third party who received the personal information must destroy the information without delay when the purpose of personal information collection or provision is achieved.
9. The "mall" does not set the consent form for the collection, use, and provision of personal
information as selected in advance. The "mall" also specifies services that are limited when the user refuses to consent to the collection, use, and provision of personal information that is not a mandatory collection item, and does not limit or refuse the provision of services such as membership registration.
Article 18 ("Mall"'s Obligations)
1. The "mall" must not perform any act prohibited by laws and regulations or contrary to public order and morals and must strive to provide goods and services in a stable and consistent manner as specified by these terms and conditions.
2. The "mall" must have a security system to protect users' personal information (including credit information) to ensure that users can safely use Internet services.
3. If the "mall" causes damage to users due to unfair labeling or advertising activities defined in Article 3 of the "Act on Fair Labeling and Advertising," the "mall" is responsible for compensating for the damage.
4. The "mall" does not send commercial emails for profit that the user does not want.
Article 19 (Member's ID and Password Responsibilities)
1. Except in the case referred to in Article 17, the responsibility for managing ID and password lies with the member.
2. Members may not allow their ID and password to be used by a third party.
3. If a member recognizes that their ID and password have been stolen or used by a third party, they must immediately notify the "mall" and follow the "mall"'s guidance if there is any.
Article 20 (User's Duty)
Users must not engage in the following acts:
1. Registering false information upon application or change.
2. Theft of information.
3. Changing information posted on the "mall."
4. Sending or posting information (such as computer programs) other than the information set by the "mall."
5. Infringing on the intellectual property rights of the "mall" or others.
6. Damaging the honor of the "mall" or interfering with its work.
7. Disclosing or posting to the "mall" obscene or violent messages, images, voices, or other information contrary to public order and morals.
Article 21 (Relationship between the Connected "Mall" and the Linked "Mall")
1. When the upper "mall" and the lower "mall" are linked by hyperlink (for example, the target of the hyperlink includes text, pictures, and moving images), the former is referred to as the connected "mall" (website), and the latter as the linked "mall" (website).
2. If the connected "mall" specifies that it does not guarantee the transaction with the user by the linked "mall" which is independently provided by the linked "mall" at the initial screen or at the time of connection by a pop-up screen, it does not have a guarantee responsibility for the transaction.
Article 22 (Ownership of Copyright and Restrictions on Use)
1. Copyright and other intellectual property rights for the works created by the "mall" are attributed to the "mall."
2. Users may not use the information obtained by using the "mall" for profit-making purposes without prior consent from the "mall," or allow third parties to use such information by copying, transmitting, publishing, distributing, broadcasting, or other methods.
3. When the "mall" uses copyright attributed to users by agreement, it must notify the respective users.
Article 23 (Dispute Resolution)
1. The "mall" installs and operates a damage compensation processing institution to reflect the legitimate opinions or complaints raised by users and to compensate for damages.
2. The "mall" will handle the complaints and opinions submitted by users as a priority. If rapid processing is difficult, it will promptly inform the user of the reason and the processing schedule.
3. If there is an application for damage relief from users related to the e-commerce dispute between the "mall" and users, it can be subject to the adjustment of the Fair Trade Commission or the dispute adjustment requested by the mayor or governor.
Article 24 (Jurisdiction and Governing Law)
1. In the event of a lawsuit regarding e-commerce disputes between the "mall" and the user, it is under the exclusive jurisdiction of the local court at the current address of the user. However, if the current address or residence of the user is unclear at the time of the lawsuit, or if the user resides overseas, it shall be subject to the jurisdiction of the court under the Civil Procedure Act.
2. Korean law applies to lawsuits filed between the "mall" and users regarding e-commerce disputes.