Terms and Conditions of Use
Terms and Conditions of Use
Article 1 (Purpose)
These terms and conditions are intended to prescribe the rights, obligations, and responsibilities of the cyber mall and users in using Internet-related services (hereinafter referred to as "services") provided by Wooshin Cosmetics Co., Ltd. (hereinafter referred to as "mall").
※ "These terms and conditions shall apply mutatis mutandis to e-commerce transactions using PC communication, wireless, etc., unless it is contrary to its nature."
Article 2 (Definitions)
① The term "mall" means a virtual business place where Wooshin Cosmetics Co., Ltd. can trade goods, etc. using information and communication facilities such as computers in order to provide goods or services (hereinafter referred to as "goods, etc.") to users, and shall also be used as a business operator operating a cyber mall.
② The term "user" means a member and non-member who accesses the "Mall" and receives the services provided by the "Mall" pursuant to these terms and conditions.
③ The term "member" means a person who has registered as a member in the "Mall" and who can continuously use the services provided by the "Mall".
④ The term "non-member" means a person who does not subscribe to a member and uses the services provided by the "mall".
Article 3 (Explanation, explanation, and revision of terms and conditions)
① The "Mall" shall post the contents of these terms and conditions, the name of the trade name and representative, the address of the location of the business office (including the address of the place where consumer complaints can be handled), telephone number, mock-up transmission number, e-mail address, business registration number, mail order business report number, personal information management manager, etc. on the initial service screen of the Joseon Beauty (front): Provided, That the contents of the terms and conditions may be viewed by the user through the connection screen.
② "Before the user agrees to the terms and conditions, Mall should provide a separate connection screen or pop-up screen for the user to understand important matters such as subscription withdrawal, delivery responsibility, and refund conditions among the terms and conditions."
③ Mall may amend these terms and conditions to the extent that they do not violate relevant laws, such as the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Electronic Transactions, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communication Network Utilization and Information Protection, the Act on Door-to-Door Sales, etc. and the Framework Act on Consumers.
④ When "Mall" revises the terms and conditions, the date of application and the reason for the revision shall be specified and notified on the initial screen of the Mall together with the current terms and conditions from 7 days before the date of application to the day before the application date. However, if the contents of the terms and conditions are changed unfavorably to the user, they shall be notified with a grace period of at least 30 days in advance. In this case, "Mall" clearly compares the contents before the revision with the contents after the revision so that the user can understand it easily.
⑤ If "Mall" is amended, the revised terms and conditions will only apply to contracts concluded after the date of application, and for contracts already concluded before that, the terms and conditions before the amendment will remain the same. However, if the user who has already signed the contract sends the intention to be subject to the revised terms and conditions to "Mall" within the notice period of the revised terms and conditions under paragraph (3) and obtains the consent of "Mall," the revised terms and conditions will be applied.
⑥ The matters not specified in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the Consumer Protection Act on Electronic Commerce, the Regulation of Terms and Conditions, the Consumer Protection Guidelines on Electronic Commerce, etc. and related Acts and subordinate statutes or correlations prescribed by the Fair Trade Commission.
Article 4 (Provisions and Changes of Services)
① "Mall" performs the following tasks.
1. Provision of information on goods or services and conclusion of a purchase contract 2. Delivery of goods or services to which a purchase contract has been concluded 3. Other tasks prescribed by "mall"
② The term "mall" may change the contents of goods or services to be provided under a contract concluded in the future in the event of a sell-out of goods or services or a change in technical specifications, etc. In such cases, the details and date of provision of the changed goods or services shall be specified and immediately notified to the place where the contents of the current goods or services are posted.
③ If the contents of the service contracted with the user are changed due to reasons such as out of stock of goods, etc. or changes in technical specifications, the reason shall be immediately notified to the user at an address that can be notified.
④ In the case of the preceding paragraph, "Mall" shall compensate the user for the damage caused by this: Provided, That this shall not apply where "Mall" proves that there is no intention or negligence.
Article 5 (Suspension of Service)
① The "Mall" may temporarily suspend the provision of services in the event of maintenance inspection, replacement and failure of information and communication facilities, such as computers, or disruption of communication.
② The "Mall" shall compensate for damages suffered by users or third parties due to the temporary suspension of the provision of services due to the reasons referred to in paragraph (1). Provided, That this shall not apply where the "Mall" proves that it is not intentional or negligent.
③ Where it becomes impossible to provide services due to the conversion of business items, abandonment of business, integration between companies, etc., the "Mall" shall notify the user in the manner prescribed in Article 8 and compensate the consumer according to the conditions set forth in the original "Mall": Provided, That where the "Mall" fails to notify the standards for compensation, etc., the mileage, reserves, etc. of the users shall be paid to the users in kind or cash equivalent to the currency value used in the "Mall".
Article 6 (Membership)
① Users apply for membership by filling in their membership information according to the registration form set by "Mall" and expressing their intention to agree to these terms and conditions.
② "Mall" shall be registered as a member unless it falls under any of the following among users who have applied to join as a member as referred to in paragraph (1).
1. Where an applicant for membership has previously lost his/her membership pursuant to Article 7 (3) of this Agreement, the exception shall be made where he/she has obtained consent to rejoin the membership of "Mall" as a person three years have passed since he/she lost his/her membership under Article 7 (3). 2. Where there is false, omission of entry, or misspelling in the contents of registration. 3. Where it is deemed that registration as a member is significantly hindered by the description of "Mall."
③ The time of establishment of the membership contract is when the consent of the "Mall" reaches the member
④ If there is a change in the registered matters at the time of membership registration, the member shall notify the "Mall" of the change by means of modification of member information, etc. within a considerable period of time.
Article 7 (Withdrawal from membership and loss of qualification, etc.)
① Members may request withdrawal from "Mall" at any time, and "Mall" will immediately process the withdrawal of membership.
② Where a member falls under any of the following reasons, the "Mall" may restrict and suspend his/her membership.
1. In case of registering false information at the time of application for membership, 2. In case of not paying the price of goods purchased using the "mall" or other debts borne by members regarding the use of the "mall" on the due date, 3. In case of threatening the e-commerce order, such as obstructing the use of other people's "mall" or stealing the information, 4. In case of using the "mall" to prohibit laws and regulations or these terms and conditions or engage in an act contrary to public order and morals
③ After "Mall" restricts or suspends its membership, if the same act is repeated more than once or if the reason is not corrected within 30 days, "Mall" may lose its membership.
④ If the "Mall" loses its membership, the membership registration shall be canceled. In this case, the members shall be notified of this and given the opportunity to explain it for a period of at least 30 days before the cancellation of the membership registration.
Article 8 (Notice to Members)
① If "Mall" gives notice to the member, the member may make an agreement with "Mall" in advance and use the designated e-mail address.
② In the case of notification to a large number of unspecified members, "Mall" may be substituted for individual notifications by posting them on the "Mall" bulletin board for at least one week: Provided, That matters that have a significant impact on the member's transaction shall be notified individually.
Article 9 (Application for purchase and consent to provide personal information, etc.)
① The "Mall" user shall apply for purchase on the "Mall" by the following or similar means, and the "Mall" shall provide the following information in an easy-to-understand manner when the user applies for purchase.
1. Search and selection of goods, etc. 2. Enter the recipient's name, address, phone number, e-mail address (or mobile phone number), etc. 3. Check the contents of the terms and conditions, services with limited right to withdraw subscription, and expenses related to delivery and installation costs. 4. Indication of agreeing to these terms and conditions and confirming or rejecting the matters referred to in subparagraph 3 above (e.g., mouse click) 5. Agree to apply for the purchase of goods, etc. and confirmation of "mall" or 6. Select a payment method
② If "Mall" needs to provide the buyer's personal information to a third party, 1) the person receiving the personal information, 2) the purpose of using the personal information, 3) the items of the personal information provided, 4) the period of holding and using the personal information of the person receiving the personal information must be informed to the buyer and consent must be obtained. (The same applies if the consent is changed.)
③ Where the "Mall" entrusts a third party with the business so that it can handle the personal information of the purchaser, he/she shall inform the purchaser of the details of the business entrusted with the handling of personal information and obtain consent. (The same shall apply where the matters obtained by consent are changed.) Provided, That where it is necessary for the performance of the contract on the provision of services and related to the promotion of the convenience of the purchaser, it is not necessary to go through the notification and consent procedures by notifying through the personal information handling policy in the manner prescribed by the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc.
Article 10 (Construction of Contract)
①The "Mall" may not accept an application for purchase under Article 9 if it falls under any of the following subparagraphs: Provided, That where a contract is concluded with a minor, the minor himself/herself or his/her legal representative shall notify him/her that the contract may be canceled without obtaining the consent of the legal representative.
1. Where there is false, omission of entry, or misspelling in the contents of the application. 2. Where a minor purchases goods and services prohibited by the Youth Protection Act, such as cigarettes and alcohol. 3. Where it is deemed that consenting to other purchase applications is significantly hindered by the "mall" technology
② It is deemed that the contract was concluded when the consent of "Mall" reached the user in the form of a notification of receipt under Article 12 (1).
③ The expression of consent of the "Mall" shall include information on the confirmation of the user's purchase application and the availability of sales, cancellation of correction, etc. of the purchase application.
Article 11 (Payment Method)
The method of payment for goods or services purchased in the "Mall" may be in one of the following methods: Provided, That the "Mall" shall not be collected by adding any nominal fee to the price of goods, etc. with respect to the user's payment method.
1. Transfer of various accounts such as phone banking, Internet banking, mail banking, etc. 2. Payment of various cards such as prepaid card, debit card, credit card, etc. 4. Deposit without a bankbook online 4. Payment by electronic money 5. Payment by points paid by "Malli", such as mileage, etc. 7. Payment by gift certificates that have signed a contract with "Malli" or recognized by "Malli" 8. Payment by other electronic payment methods, etc
Article 12 (Notification of receipt confirmation, change and cancellation of purchase application)
① "Mall" notifies the user of receipt confirmation when there is a user's purchase application.
② A user who has received a notice of confirmation of receipt may immediately request a change or cancellation of the purchase application after receiving the notice of confirmation of receipt, if there is a discrepancy in the expression of intention, etc., and the "Mall" shall be processed in accordance with the request without delay if the user requests it before delivery: Provided, That where payment has already been made, the provisions concerning withdrawal of subscription, etc. under Article 15 shall be followed.
Article 13 (Supply of goods, etc.)
① The "Mall" shall take other necessary measures, such as custom-making, packaging, etc., so that the user can deliver the goods, etc. within seven days from the date of subscription, unless otherwise agreed on the timing of supply of goods, etc. Provided, That where the "Mall" has already received all or part of the price of goods, etc., measures shall be taken within three business days from the date of receipt of all or part of the price. At this time, the "Mall" shall take appropriate measures so that users can check the procedures and progress of the supply of goods, etc.
② The "Mall" specifies the means of delivery, the person responsible for the delivery cost by means, the delivery period by means, etc. for the goods purchased by the user. If the "Mall" exceeds the contracted delivery period, the user shall compensate for the damage caused by it: Provided, That this shall not apply where the "Mall" proves that it is not intentional or negligent.
Article 14 (Refund)
The "Mall" shall notify the user of the reason when the goods, etc. requested for purchase cannot be delivered or provided due to reasons such as out of stock, etc., and shall refund the goods, etc. within three business days from the date of receipt of the payment or take necessary measures for refund.
Article 15 (withdrawal of subscription, etc.)
① A user who has entered into a contract for the purchase of goods, etc. with the "Mall" may withdraw his/her subscription within seven days from the date of receipt of a document on the details of the contract under Article 13 (2) of the Act on the Protection of Consumers in Electronic Commerce, etc. (If the supply of goods, etc. is made later than the time of receipt of the document, it means the date on which goods, etc. are supplied or the supply of goods, etc.) Provided, That where the withdrawal of subscription is otherwise provided for in the Act on the Protection of Consumers in Electronic Commerce, etc., the provisions of the same Act shall apply.
② A user shall not return or exchange goods, etc. if they fall under any of the following subparagraphs
1. Where the goods, etc. are lost or damaged due to reasons responsible to the user (however, if the packaging, etc. is damaged to confirm the contents of the goods, etc., the subscription may be withdrawn). 2. Where the value of goods, etc. is significantly reduced due to the user's use or partial consumption 3. Where the value of goods, etc. has significantly decreased to the extent that it is difficult to resell over time 4. Where it is possible to reproduce with goods, etc. of the same performance; Where the packaging of the original goods, etc. is damaged
③ In the case of paragraph (2) 2 through 4, the withdrawal of subscription by users is not restricted unless measures such as specifying the fact that the "mall" is restricted in advance or providing trial products are taken.
④ Notwithstanding the provisions of paragraphs (1) and (2), if the contents of goods, etc. are different from the contents of the display or advertisement or are performed differently from the contents of the contract, the user may withdraw the subscription, etc. within three months from the date of receipt of the relevant goods, etc., and within 30 days from the date of knowing or knowing the fact.
Article 16 (Effect of Withdrawal of Subscription, etc.)
① Where the "Mall" receives a refund of goods, etc. from a user, the "Mall" shall refund the price of goods, etc. already paid within three business days. In such cases, when the "Mall" delays the refund of goods, etc. to a user, the delayed interest calculated by multiplying the delayed period by the delayed interest rate prescribed in Article 21-2 of the Enforcement Decree of the Consumer Protection Act on Electronic Commerce, etc.
② In refunding the above payment, "Mall" requests the business operator who provided the payment method to suspend or cancel the request for the payment of the goods, etc. without delay when the user pays the payment method such as credit card or electronic money.
③ In the case of withdrawal of subscription, etc., the user shall bear the expenses necessary for the return of the supplied goods, etc. The "Mall" shall not claim a penalty or compensation for damages from the user on the grounds of withdrawal of subscription, etc. Provided, That where the contents of the goods, etc. are different from the contents of the indication or advertisement or are executed differently from the contents of the contract, the expenses necessary for the return of the goods, etc. shall be borne by the "Mall".
④ When a user is provided with goods, etc., the "Mall" clearly indicates who is responsible for the cost when withdrawing the subscription.
Article 17 (Personal Information Protection)
① "Mall" collects the minimum amount of personal information to the extent necessary for the provision of services when collecting personal information of users.
② The "Mall" shall not collect information necessary for the performance of the purchase contract when registering as a member in advance: Provided, That this shall not apply where identification is necessary before the purchase contract for the performance of obligations under relevant Acts and subordinate statutes.
③ When the "Mall" collects and uses the user's personal information, it shall notify the relevant user of the purpose and obtain consent.
④ The "Mall" shall not use the collected personal information for any purpose other than its intended purpose, and shall notify the relevant user of the purpose and obtain consent when a new purpose of use occurs or is provided to a third party.
However, exceptions are made if the relevant laws and regulations stipulate otherwise.
⑤ Where the "Mall" requires the consent of the user pursuant to paragraphs (2) and (3), the person in charge of personal information management (affiliated, name and phone number, and other contact information), the purpose of collecting and using the information, the matters related to the provision of information to a third party (the person provided, the purpose of the provision and the details of the information to be provided), etc. shall be specified or notified in advance of the matters prescribed in Article 22 (2) of the Information and Communication Network Utilization and Information Protection Act, and the user may withdraw the consent at any time.
⑥ The user may request the reading and error correction of his/her personal information at any time, and the "Mall" shall be obliged to take necessary measures without delay. If the user requests correction of the error, the "Mall" shall not use the personal information until the error is corrected.
⑦ For the protection of personal information, the "Mall" shall be limited to a minimum of those who handle the user's personal information, and shall be fully responsible for the loss, theft, leakage, provision of third parties without consent, tampering, etc. of the user's personal information, including credit cards, bank accounts, etc.
⑧ "Mall" or a third party who receives personal information from him/her shall destroy the personal information without delay when the purpose of collecting or receiving the personal information is achieved.
⑨ The "Mall" shall not set the "Consent to the collection, use, and provision of personal information" as selected in advance. In addition, when users refuse to consent to the collection, use, and provision of personal information, they shall specifically specify the services restricted, and shall not restrict or refuse the provision of services, such as membership, on the grounds that users refuse to consent to the collection, use, and provision of personal information other than essential collection items.
Article 18 (Providing information and presenting advertisements)
① The "Mall" may provide members with various marketing information, etc. deemed necessary during the use of the service by means of e-mail, correspondence mail, SMS, phone, push notification, SNS services linked to the member's contact information, etc., and the member agrees. In such cases, the member may pay data charges, etc. depending on the member's communication environment or rate structure.
② A member may refuse to receive e-mail, etc. under the preceding paragraph at any time, except information related to transactions under the relevant Act and answers to customer inquiries, etc., and in this case, "Mall" shall immediately stop providing marketing information, etc. under the preceding paragraph.
Article 19 (Obligation of "Mall")
① The "Mall" shall do its best to provide goods and services continuously and stably as prescribed by the Act and these Terms and Conditions do not prohibit or act contrary to public order and morals.
② Mall shall have a security system to protect users' personal information (including credit information) so that users can use Internet services safely.
③ The "Mall" shall be responsible for compensation for goods or services when a user suffers damage by performing unfair labeling and advertising activities prescribed in Article 3 of the Act on Fair Labeling and Advertising.
④ "Mall" does not send commercial e-mails for commercial purposes that you do not want.
Article 20 (Obligation to ID and password of members)
① Except in the case of Article 17, the members are responsible for the management of IDs and passwords.
② Members should not allow third parties to use their ID and password.
③ If a member recognizes that his/her ID and password have been stolen or is being used by a third party, he/she should immediately notify the "Mall" and follow the guidance if there is a "Mall" notice.
Article 21 (Obligation of Users)
The user shall not.
1. Registration of false information at the time of application or change 2. theft of other people's information 3. change of information posted on the "Mall" 4. transmission or posting of information (computer programs, etc.) other than the information set forth by the "Mall" 5. infringement on intellectual property rights such as "Mall" and other third-party copyrights 6. "Mall" and other acts that damage the reputation of third parties or interfere with business 7. Disclosure or posting of obscene or violent messages, videos, voices, and other information contrary to public order and morals to the Mall
Article 22 (Relationship between "Mall" and "Mall" to be connected)
① If the parent "mall" and the child "mall" are connected by a hyperlink (for example, the object of the hyperlink includes letters, pictures, and moving images), the former is called the linked "mall" (website) and the latter is called the linked "mall" (website).
② The consolidated "mall" shall not be guaranteed for transactions with users by means of goods, etc. independently provided by the connected "mall" if the initial screen of the connected "mall" or the pop-up screen at the time of connection is specified.
Article 23 (Restrictions on the attribution and use of copyrights)
① Copyright and other intellectual property rights for works created by "Mall" belong to "Mall".
② The user shall not reproduce, transmit, publish, distribute, broadcast or use the information to which intellectual property rights belong to the "Mall" among the information obtained by using the "Mall" for commercial purposes or to use it to a third party without prior consent from the "Mall".
③ "Mall" shall notify the relevant user of the use of the copyright attributable to the user in accordance with the agreement.
Article 24 (Dispute Resolution)
① "Mall" establishes and operates a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and to compensate for the damage.
② The "Mall" shall deal with complaints and opinions submitted by users preferentially: Provided, That if it is difficult to process promptly, the user shall be immediately notified of the reason and the processing schedule.
③ If a user applies for damage relief in connection with an e-commerce dispute between the "Mall" and the user, it may be subject to the mediation of the dispute mediation agency commissioned by the Fair Trade Commission or the Mayor/Governor.
Article 25 (Judicial and Compliant Act)
① The lawsuit regarding the e-commerce dispute between the "Mall" and the user shall be based on the address of the user at the time of filing, and if there is no address, it shall be under the exclusive jurisdiction of the district court having jurisdiction over the residence.
However, if the user's address or residence is not clear at the time of the complaint, or if foreign residents live, it is filed with the competent court under the Civil Procedure Act.
② Korean law applies to e-commerce litigation filed between "Mall" and the user.