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User Agreement
Article 1 (Purpose)
This Agreement aims at stipulating rights,
obligations and responsibilities of the Dermamall (Collectively
"Mall") and the User in respect of the use of internet-related
services (collectively "Service") provided by mall in the operation
of Dermamall Co.,Ltd.(e-commerce business).
※「This agreement shall be applied to the
e-commerce using PC communication, wireless communication unless it is against its
nature.」
Article 2 (Definition)
①
"Mall" means the
virtual business place on which the company set for transacting goods and
services (collectively, "goods, etc.") by using information and
communication facilities such as computer so that it may provide goods, etc. to
the user.
②
“User” means a member or a non-member who uses
service provided by the “Mall” in accordance with this agreement through the
access to the “Mall”.
③
“Member” means a person who joined the
membership by providing his or her personal information to the “Mall”, for
which the member may be informed of the “Mall” on a continuous basis and use
the service offered by the “Mall”
④
“Non-Member” means a person who
uses the service offered by the “Mall” not joining to the membership.
Article 3 (Display, Explanation &
Modification of User Agreement)
①
The “Mall” shall, for easier
recognition by users, display the contents of this agreement, name of company
and president, business address(including the address where customer complaints
may be treated), telephone number, fax number, email address, business
registration number, mail-order business registration number, staff in charge
of privacy management, etc. on the initial service page of the Dermamall.
Notwithstanding the foregoing, the contents of this agreement may be exposed to
users through a link page.
②
The “Mall” shall obtain the
confirmation of a user for important matters such as cancellation of purchase,
delivery obligation, refund terms, etc. through a separate link page or pop-up
window before the user consents to this agreement so that the user may
understand such important matters
③
The “Mall” may modify this
agreement within the extent that it does not violate applicable laws, e.g. the
Law related to Protection of Consumer of E-commerce, the Law related to
Limitation of Agreement, Basic Law of Electronic Transaction, Electronic
Signature Law, the Law related to Stimulation of Use of Information and
Communication Network & Information Protection, the Law related to Call
Sales, the Consumer Protection Law, etc.
④
In the event of any modification
of this agreement, the announcement stipulating the date of application and the
cause of modification shall be displayed on the initial page from 7 days prior
to the date of application to the previous day of the same date.
Notwithstanding the foregoing, in the event that such modification becomes
disadvantageous users, such modification shall be announced at least 30 days
prior to the date of application. The announcement shall include a table
specifying the modification on a before-and-after basis for easier
understanding of users.
⑤
In the event of any
modification of this agreement, the modified agreement shall be applied only to
the contracts to be concluded after the date of application, whereas the
provisions of this agreement prior to the modification shall be applied to the
contracts which have been previously concluded prior to the same date.
Notwithstanding the foregoing, in the event that a user who already entered
into the contract sends his or her internet to be applied by the provisions of the
modified agreement to the “Mall” within the period of announcement for the
modification of this agreement in accordance with clause 3 and acquires the
approval of the “Mall”, the provisions of the modified agreement shall be
applied accordingly.
⑥
The matters not stipulated
herein and the interpretation of this agreement shall be in accordance with the
Law related to Protection of Consumer on E-commerce, the Law related to
Limitation of Agreement, the Consumer Protection Policy on E-commerce
stipulated by the Fair Trade Commission, and other applicable laws and
commercial practices.
Article 4 (Provision & Replacement of
Service)
①
The “Mall” shall perform the
following duties:
1.
Provision of information
regarding product or service and conclusion of purchase contracts.
2.
Delivery of product or service
on purchase contract
3.
Other duties designated by the
“Mall”
②
The “Mall” may replace product
or service provided by the contract to be concluded in the event that product
or service is sold out or technical specifications are changed. In this case,
the “Mall” shall immediately announce the replacement of the product or service
and the date of application on the page where the present product or service is
displayed.
③
In the event that product or
service on the contract with a user needs to be replaced because the product or
service is sold out or technical specifications are changed, the “Mall” shall
immediately notify the cause to the address of the user.
④
In the event of the occurrence
of the previous clause, the “Mall” shall compensate the user for damages.
Notwithstanding the foregoing, this shall not apply if the “Mall” proves that
such event is not caused by its intention or negligence.
Article 5 (Suspension of Service)
①
The “Mall” may temporarily
suspend the provision of service in case of any repair, inspection,
replacement, breakdown of information and communication equipment such as
computers, or interruption of communication.
②
The “Mall” shall compensate
user or 3rd party for damages caused by the temporary suspension of
provision of service due to the cause(s) in clause 1. Notwithstanding the
foregoing, this shall not apply if the “Mall” proves that such event is not
caused by its intention or negligence.
③
In the event of any
unavailability of provision of service due to the conversion of business item,
abandon of business, integration between businesses, etc., the “Mall” shall
notify the fact to users in the manner stipulated in article 8, and compensate
consumers in accordance with the conditions which are initially suggested by
the “Mall”. Notwithstanding the foregoing, in the event that the “Mall” has not
notified the criteria for compensation, the “Mall” shall pay users for their
mileage or reserve in kind or cash of which value corresponds to the currency
being used at the “Mall”.
Article 6 (Membership)
①
The user shall apply for the
membership by expressing his or her intent to consent to this agreement after
filling out the form designated by the “Mall” with the member information.
②
The “Mall” shall register the
user who applied for the membership in the manner stipulated in clause 1 as a
member provided that the user is not engaged in one of the following items. In
the event that:
1.
The applicant ever lost its
membership in the past accordance with clause 3 of article 7 of this agreement.
Notwithstanding the foregoing, this shall not apply to those acquired the approval
of the “Mall” for re-subscription of the membership since 3 years has passed
from the date of loss of membership in accordance with clause 3 or article 7 of
this agreement.
2.
There is false information or
omission in the registered contents;
3.
The “Mall” deems that the
applicant may cause significant inconvenience to be registered as a member.
③
The membership shall be
effective at the time that the member receives the approval of the “Mall”.
④
The member shall notify any
change of its information to the “Mall” in accordance with clause 1 of article
15 through email or other communication method.
Article 7 (Withdrawal from Membership &
Loss of Eligibility)
①
The member may at any time
request for the withdrawal from its membership to the “Mall”, and the “Mall”
shall proceed with the withdrawal on the request of the member.
②
In the event that a member is
engaged in one of the following items, the “Mall” may limit or suspend the
eligibility of the member. In the event that the member:
1.
Registered with false
information at the time of the application for membership.
2.
Has not paid the price of goods
purchased through the “Mall” or other liability borne by the member in respect
of the use of the “Mall”
3.
Interrupts others to use the
“Mall” or threats the others of e-commerce, e.g. illegal of personal
information; or
4.
Takes any action being against
the laws, this agreement and good public order and customers by using the “Mall”.
③
The “Mall” may cancel the
membership of the member whose membership was suspended or limited, and
repeated the same action twice or more, or the cause is not corrected within
30days.
④
In the event of the
cancellation of membership, the “Mall” shall notify it to the member, and give
the member 30 days or more to grant an opportunity to explain the cause prior
to the cancellation.
Article 8 (Notification to Members)
①
In the event of any
notification of the “Mall” to a member, it may be delivered via an email
address designated by the member through the agreement with the “Mall”.
②
The “Mall”, in the event of the
notification to unspecified members, may replace individual notification by
displaying such notification on the board linked in the website of the “Mall”
for 1 week or more. Notwithstanding the foregoing, the “Mall” shall give
individual notice to a member in respect of any matter which may have a
significant influence on the member regarding his or her transaction.
Article 9 (Request for Purchase)
The user shall apply for purchase in
accordance with the following manner or other similar manner at the “Mall”, and
the “Mall” shall provide the user with the following information in the form
which the user may easily understand in his or her request for purchase.
Notwithstanding the foregoing, the member may be exempted from the application
of item 2 or item 4 below.
1.
Search and selection of goods,
etc
2.
Entering name, address,
telephone number, email address (or mobile phone number);
3.
Confirmation of matter(s) in
respect of the contents of this agreement, the service(s) of which right of
cancellation of purchase is limited, obligation of delivery fees and
installation fees, etc.;
4.
Expression to agree on this
agreement, or confirm or refuse the item 3 above (e.g. mouse click);
5.
Application for purchase of
goods and confirmation of such application, or agreement on the confirmation of
the “Mall”; or
6.
Selection of payment method
Article 10 (Conclusion of Contract)
①
The “Mall” may not accept the
request for purchase in article 9 if it falls one of the following items.
Notwithstanding the foregoing, in the event of the conclusion of contract with
a minor, the “Mall” shall notify that the failure to acquire the agreement of
the legal representative may cause the cancellation of the contract by the
minor him/herself or the legal representative. In the event that:
1.
There is false information or
omission in the registered contents;
2.
The minor purchase any product
or service restricted in the Youth Protection Law, e.g. cigarette or liquor;
3.
The “Mall” deems that the
applicant may cause significant inconvenience to accept the application for
purchase; or
②
The contract is deemed to be
concluded when the acceptance of the “Mall” is delivered to the user in the
form of the confirmation of receipt stipulated in clause 1 of article 12.
③
The acceptance of the “Mall”
shall include the information such as confirmation of the application for
purchase of the user, availability of sales, and correction or cancellation of
the application for purchase.
Article 11(Payment Methods)
The method of payment for a product or
service purchased through the “Mall” may be selected among the following items.
Notwithstanding the foregoing, the “Mall” may not collect any additional fees
on the amount of the product or service.
1.
Account transfer, e.g. phone
banking, internet banking, mail banking, etc.;
2.
Card payment, e.g. prepaid
card, debit card, credit card, etc.;
3.
Online non-bankbook deposit;
4.
Electronic money;
5.
Pay-on-receipt;
6.
Point offered by the “Mall”,
e.g. mileage
7.
Gift voucher contracted or
approved by the “Mall”; or
8.
Other payment by electronic
means, etc.
Article 12(Notice of Receipt, Change and
Cancellation of Application for Purchase)
①
In the event of an application
for purchase of a user, the “Mall” shall notify the user with the receipt of
the application
②
In the event that there is any
discordance between expressions of intent, the user who received the notice of
receipt may change or cancel the application for purchase immediately after the
user receives the notice, and in the event of any request of a user prior to
the delivery, the “Mall” shall deal with the request without any delay.
Notwithstanding the foregoing, in the event that the payment has been already
made, it shall be in accordance with the stipulation related to the
cancellation of purchase in article 15.
Article 13 (Provision of Goods)
①
Unless otherwise stipulated
herein in respect of the schedule for the provision of goods, the “Mall” shall
take necessary measures to deliver the goods within 7 days from the date of
purchase by a user such as customized production or packaging. Notwithstanding
the foregoing, in the event that the “Mall” has received the whole or the part
of the payment for the goods, such measures shall be taken within 2 business
days from the date of receipt of the payment. At that time, the “Mall” shall
take necessary measures to make the user check the procedures of provision of
the goods and delivery process.
②
The “Mall” shall specify, for
the goods purchased by a user, the delivery method, payer of delivery fees by
method, period of delivery by method, etc. In the event that the “Mall” exceeds
the designated period of delivery, it shall compensate for damages to the user.
Notwithstanding the foregoing, this shall not apply if the “Mall” proves that
such event is not caused by its intention or negligence.
Article 14 (Refund)
In the event that product or service which a
user applied for purchase may not be provided or delivered due to sold-out or
other cause, the “Mall” shall notify the situation to the user without any
delay, and in the event that it has received the payment for the product or
service in advance, it shall refund the payment or take necessary measures
within 2 business days from the date of receipt of the payment.
Article 15 (Cancellation of Purchase)
①
The user who concluded the
contract for the purchase of goods with the “Mall” may cancel the purchase
within 7 days from the date on which the user received the notice of receipt.
②
The user may not return or
change the goods which he or she received through delivery in the event of one
of the following items. In the event that:
1.
The goods delivered are lost or
damaged with the responsibility or the user(Notwithstanding the foregoing, the
cancellation of purchase may be acceptable in the event of the damage on
packaging for checking the contents in the box);
2.
The value of the goods is
significantly decreased due to the use or consumption by the user;
3.
The value of the goods is
significantly decreased thus not available for re-sale due to the lapse of
time;
4.
The packaging is damaged, if
the goods may be reproduced to the goods showing the same performance;
③
The cancellation of purchase by
user shall not be limited if, in the case of item 2 or item 4 of clause 2, the
“Mall” did not specify the fact that the cancellation of purchase is limited
for easier recognition by consumer or not take necessary measure, e.g.
provision of a sample.
④
Notwithstanding clause 1 and
clause 2, the user may cancel his or her purchase of goods within 3 months from
the date of receipt of the goods or within 30 days from the date on which he or
she recognized or could recognize that the contents of goods differ from the
advertisement or the provision of contract.
Article 16 (Effect of Cancellation of
Purchase)
①
In the event of the return of
goods from a user, the “Mall” shall refund the payment for the goods within 3
business days from the date on which it had received the payment. In the event
that the “Mall” caused a delay of the refund to the user, it shall pay interest
calculated with overdue interest rate announced by the Fair Trade Commission
for the number of days of delay.
②
Regarding the above-mentioned
refund and in the event that the user made a payment for the goods with credit
card or electronic money, the “Mall” shall request the business who provided
such payment method to suspend or cancel the payment without any delay.
③
In the event of any
cancellation of purchase, the user shall bear the cost for return of the goods
provided. The “Mall” shall not claim for cancellation change or compensation
for damages to the user in respect of the cancellation of purchase.
Notwithstanding the foregoing, in the event of the cancellation of purchase
caused by that the contents of goods differ from the advertisement or the
provision of contract, the “Mall” shall bear the cost for return of the goods.
④
In the event that user bore the
delivery fees when he or she received the goods, the “Mall” shall specify who
would bear the cost for the cancellation of purchase for easier recognition of
the user.
Article 17 (Protection of Personal
Information)
①
The “Mall” collects minimum
information necessary for the execution of the purchase contract with users.
The following items shall be necessary information and others are optional.
1.
Name;
2.
Resident Registration Number
(For Members) or Foreign Registration Number;
3.
Address;
4.
Telephone Number;
5.
ID (For Members);
6.
Password (For Members)
7.
Email address (or Mobile phone
number)
②
In the event that the “Mall”
collects personal information available for identification of user, it must
obtain the approval of the user.
③
The personal information may
not be used for any purpose and provided to any 3rd party without
the approval of the user, and the “Mall” shall be responsible for the matter.
Notwithstanding the foregoing, it shall not apply to the following items. In
the event that;
1.
The “Mall” informs the delivery
service provider with minimum information of user for performing delivery duty
(e.g. name, address, telephone number);
2.
Such personal information is
necessary for statistics, academic research or market research, and provided in
the form that a certain individual may not be identified;
3.
Such personal information is necessary
for the settlement of payment for transacting products, etc.;
4.
Such personal information is
necessary for the identification against illegal use; or
5.
There is inevitable cause by
regulation or law.
④
In the event that the “Mall” is
required to acquire the approval of user by clause 2 and 3, it shall specify or
notify the provision stipulated in clause of article 22 of the Law related to
Stimulation of Use of Information and Communication Network & Information
Protection, e.g. identity of the personal information manager (post, name,
telephone number, other contract), purpose of collection and use of
information, matters related to the provision of information to 3rd
party (recipient, purpose of provision and information to be provided), etc.
⑤
Users may at any time request
for the confirmation and correction of error on their personal information
possessed by the “Mall”, the “Mall” shall be responsible for taking any
necessary measures without any delay. In the event that a user requests for the
correction of an error, the “Mall” shall not use the applicable personal
information until it corrects the error.
⑥
The “Mall” shall limit the
number of managers for protecting personal information, and be responsible for
any damages of user caused by loss, disclosure or falsification or personal
information of the user including credit card and bank account.
⑦
The “Mall” or any 3rd
party who received personal information from the “Mall”, shall without any
delay destroy personal information after it achieves its purpose of collection
of the personal information.
Article 18 (Obligation of “Mall”)
①
The “Mall” shall not take any
action restricted by the law and this agreement or being against the good
public order and customs, and put its best efforts to provide products and
services on a stable basis in accordance with the provisions in this agreement.
②
The “Mall” shall equip the
security system for the protection of personal information of users (including
credit information) so that the users may safely use online services.
③
The “Mall” shall be responsible
for the compensation to user(s) if it has caused damages to the user(s) by
displaying or adding unjust or unreasonable advertisement for a certain product
or service in accordance with article 3 of 「The Law
related to Fairness of Display and Advertisement」.
④
The “Mall” shall not send any
profit-making emails which are not wanted by users.
Article 19 (Obligation for ID & Password
of Member)
①
Each member shall be
responsible for the management of his or her ID and password, except the case
in article 17.
②
Each member shall not allow any
3rd party to use his or her ID and password.
③
In the event that a member
recognizes that his or her ID and/or password is stolen or used by a 3rd
party, the member shall immediately notify the fact to the “Mall”, and follow
the instruction of the “Mall”, if required.
Article 20 (Obligations of User)
Users shall not:
1.
Register false information at
the time of its application or change of information
2.
Use other’s personal
information
3.
Change of information displayed
on the “Mall”
4.
Transmit or display any
information defer from selected by the “Mall” (computer program, etc.);
5.
Infringe the copyright or the
intellectual property right of the “Mall” or a 3rd party;
6.
Take any action to bring disgrace
on or interrupt the operation of the “Mall” or a 3rd party; or
7.
Disclose or display any
information containing indecent or violent message, video, voice, and other
information being against the good public order and customs.
Article 21 (Relationship between Linking
Mall & Linked Mall)
①
In the event that the main mall
and the sub-mall are linked with the hyperlink (e.g. the subject of hyperlink
includes text, image and video), the former is called as the Linking Mall
(Website) and the latter is called as the Linked Mall (Website).
②
The Linking Mall shall not be
responsible for any transaction with the user for any product or service
independently provided by the Linked Mall if the Linking Mall specify its
intent of such non-guarantee on the initial page at the website of the Linking
Mall or pop-up window.
Article 22(Copyright & Limitation of
Use)
①
The copyright and other
intellectual property right for the works produced by the “Mall” shall be
belonged to the “Mall”.
②
The user may not use or cause
any 3rd party to use the information of which intellectual property
right is belonged to the “Mall” among those acquired in the course of the use
of the “Mall” for the reproduction, transmission, publishing, distribution,
broadcasting or other profit-making use without the prior consent of the
“Mall”.
③
The “Mall” shall notify the
user when using the copyright belonged to the applicable user in accordance
with mutual agreement.
Article 23 (Resolution of Dispute)
①
The “Mall” shall reflect the
reasonable opinion or complaint made by user(s), and install and operate an
organization for dealing with compensation for damages.
②
The “Mall” shall give priority
to any opinion or complaint made by user(s). Notwithstanding the foregoing, in
the event that it may not promptly deal with the matter; the “Mall” shall
notify the user with the cause and the schedule to make the treatment done.
③
In the event that there is any
application for remedy by a user regarding the dispute raised between the “Mall”
and the user, the matter may be treated in accordance with the settlement of
the Fair Trade Commission or the arbitration commissioned by the mayor or the
jurisdiction.
Article 24 (Jurisdiction & Governing
Law)
①
Any and all e-commerce-related lawsuits
raised between the “Mall” and a user shall be in accordance with the address of
the user at that time of the suing, and in the event of there is no address,
such lawsuit shall be exclusively controlled by the competent court of
jurisdiction. Notwithstanding the foregoing, in the event that the address or
residence of the user at that time of the suing is not clear or is not a
resident of the Republic of Korea, the lawsuit shall be filed to the competent
court on the Civil Procedures Code.
②
Any and all e-commerce-related
lawsuits raised between the “Mall” and a user shall be governed by the law of
the Republic of Korea.
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