※ Daimyong CNT Co., Ltd (대명물산 영문) uses
the standard terms and conditions reviewed by the Korea Fair Trade Commission.
Korea Fair Trade Commission Standard Terms and Conditions No. 10023
Standard Terms and Conditions of Use for Internet Cyber Malls
Article 1 (Purpose)
These Terms and Conditions are intended to set forth the rights, obligations and responsibilities of the cyber mall and its users in using the Internet-related services (hereinafter referred to as the “Services”) provided by the Daimyong CNT Co., Ltd cyber mall (hereinafter referred to as the “Mall”) operated by Daimyong CNT Co., Ltd (an electronic commerce business operator).
※ “These Terms and Conditions shall also apply mutatis mutandis to electronic commerce conducted through PC communications, wireless networks, etc., to the extent not contrary to their nature.”
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Article 2 (Definitions)
- “Mall” means a virtual business place established by Daimyong CNT Co., Ltd to provide goods or services (hereinafter referred to as “Goods, etc.”) to users, where Goods, etc. can be traded using information and communication facilities such as computers. The term is also used to refer to the business operator that runs the cyber mall.
- “User” means a member or non-member who accesses the “Mall” and receives the services provided by the “Mall” in accordance with these Terms and Conditions.
- “Member” means a person who has registered as a member by providing personal information to the “Mall,” who continuously receives information from the “Mall,” and who can continuously use the services provided by the “Mall.”
- “Non-member” means a person who uses the services provided by the “Mall” without registering as a member.
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Article 3 (Posting, Explanation and Amendment of the Terms and Conditions)
- The “Mall” shall post the contents of these Terms and Conditions, its trade name and the name of its representative, the address of its business office (including the address where consumer complaints can be handled), telephone number, fax number, e-mail address, business registration number, mail-order business registration number, the person in charge of personal information management, etc. on the initial service screen (front page) of the cyber mall so that users can easily find them. However, the contents of the Terms and Conditions may be made available to users through a linked screen.
- Before users agree to the Terms and Conditions, the “Mall” shall provide a separate linked screen or pop-up screen so that users can understand important provisions of the Terms and Conditions, such as withdrawal of subscription, delivery responsibility and refund conditions, and shall obtain the users' confirmation.
- The “Mall” may amend these Terms and Conditions to the extent that they do not violate relevant laws, such as the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Commerce, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Door-to-Door Sales, etc. Act, and the Consumer Protection Act.
- When the “Mall” amends the Terms and Conditions, it shall specify the effective date and the reasons for the amendment and post them together with the current Terms and Conditions on the initial screen of the Mall from 7 days before the effective date until the day before the effective date.
However, if the Terms and Conditions are changed in a manner unfavorable to users, the “Mall” shall give notice with a grace period of at least 30 days. In this case, the “Mall” shall clearly compare the contents before and after the amendment and display them so that users can easily understand them.
- When the “Mall” amends the Terms and Conditions, the amended Terms and Conditions shall apply only to contracts concluded on or after the effective date, and the provisions of the Terms and Conditions before the amendment shall continue to apply to contracts already concluded before that date. However, if a user who has already concluded a contract sends the “Mall” a notice of their wish to be subject to the amended provisions within the notice period of the amended Terms and Conditions under Paragraph 3 and obtains the consent of the “Mall,” the amended provisions shall apply.
- Matters not stipulated in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Guidelines on Consumer Protection in Electronic Commerce, etc. established by the Korea Fair Trade Commission, other relevant laws and regulations, or commercial practices.
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Article 4 (Provision and Change of Services)
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The “Mall” performs the following tasks:
- Providing information on goods or services and concluding purchase contracts
- Delivering goods or services for which purchase contracts have been concluded
- Other tasks determined by the “Mall”
- In the event that goods or services are sold out or their technical specifications are changed, the “Mall” may change the contents of the goods or services to be provided under contracts to be concluded in the future. In this case, the “Mall” shall immediately post the changed contents of the goods or services and the date of provision at the place where the contents of the current goods or services are posted.
- If the “Mall” changes the contents of the services it has contracted with users to provide due to reasons such as goods being sold out or changes in technical specifications, it shall immediately notify the users of the reasons at an address where notification is possible.
- In the case of the preceding paragraph, the “Mall” shall compensate users for any damages incurred as a result. However, this shall not apply if the “Mall” proves that it was not at fault, whether intentionally or negligently.
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Article 5 (Suspension of Services)
- The “Mall” may temporarily suspend the provision of services in the event of maintenance, inspection, replacement or breakdown of information and communication facilities such as computers, or interruption of communications.
- The “Mall” shall compensate users or third parties for damages incurred due to the temporary suspension of services for the reasons set forth in Paragraph 1. However, this shall not apply if the “Mall” proves that it was not at fault, whether intentionally or negligently.
- If the services can no longer be provided due to a change of business type, abandonment of business, merger between companies, etc., the “Mall” shall notify users in the manner prescribed in Article 8 and compensate consumers according to the conditions originally presented by the “Mall.” However, if the “Mall” has not announced compensation standards, it shall pay users their mileage, e-Money, etc. in kind or in cash equivalent to the monetary value used in the “Mall.”
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Article 6 (Membership Registration)
- A user applies for membership by filling in member information according to the registration form set by the “Mall” and expressing their consent to these Terms and Conditions.
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The “Mall” shall register as members those users who have applied for membership as described in Paragraph 1, unless they fall under any of the following:
- The applicant has previously lost membership under Article 7, Paragraph 3 of these Terms and Conditions; provided, however, that an exception is made for a person for whom 3 years have passed since the loss of membership under Article 7, Paragraph 3 and who has obtained the approval of the “Mall” for re-registration.
- The registration contains false information, omissions or errors.
- Registration as a member is deemed to significantly interfere with the technical operation of the “Mall.”
- The membership contract shall be deemed concluded when the approval of the “Mall” reaches the member.
- If there is any change in the registered information under Article 15, Paragraph 1, the member shall immediately notify the “Mall” of the change by e-mail or other means.
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Article 7 (Withdrawal from Membership and Loss of Membership Qualification, etc.)
- A member may request withdrawal from the “Mall” at any time, and the “Mall” shall process the withdrawal immediately.
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If a member falls under any of the following, the “Mall” may restrict or suspend their membership:
- Registering false information at the time of application
- Failing to pay, by the due date, the price of Goods, etc. purchased through the “Mall” or other debts borne by the member in connection with the use of the “Mall”
- Threatening the order of electronic commerce, such as interfering with other people's use of the “Mall” or stealing their information
- Using the “Mall” to engage in acts prohibited by laws or these Terms and Conditions or contrary to public order and morals
- If, after the “Mall” restricts or suspends membership, the same act is repeated two or more times or the cause is not corrected within 30 days, the “Mall” may revoke the membership.
- If the “Mall” revokes a membership, it shall cancel the membership registration. In this case, the “Mall” shall notify the member and give them an opportunity to explain themselves for a period of at least 30 days before the cancellation of the membership registration.
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Article 8 (Notice to Members)
- When the “Mall” gives notice to a member, it may do so to the e-mail address designated by the member in advance by agreement with the “Mall.”
- In the case of notice to an unspecified number of members, the “Mall” may replace individual notice by posting it on the “Mall” bulletin board for at least one week. However, individual notice shall be given for matters that have a significant impact on the member's own transactions.
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Article 9 (Purchase Application)
Users of the “Mall” apply for purchases on the “Mall” by the following or similar methods, and the “Mall” shall provide each of the following in an easy-to-understand manner when users apply for purchases. However, Items 2 through 4 may not apply to members.
- Searching for and selecting Goods, etc.
- Entering name, address, telephone number, e-mail address (or mobile phone number), etc.
- Confirming the Terms and Conditions, services for which the right of withdrawal is restricted, and costs such as delivery and installation fees
- Indicating agreement to these Terms and Conditions and confirming or rejecting the matters in Item 3 above (e.g., by clicking the mouse)
- Applying to purchase Goods, etc. and confirming the application, or agreeing to the confirmation by the “Mall”
- Selecting the payment method
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Article 10 (Conclusion of Contract)
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The “Mall” may refuse to accept a purchase application under Article 9 if it falls under any of the following. However, when concluding a contract with a minor, the “Mall” shall notify that the minor or their legal representative may cancel the contract if the consent of the legal representative is not obtained.
- The application contains false information, omissions or errors.
- A minor purchases goods or services prohibited by the Juvenile Protection Act, such as tobacco and alcohol.
- Accepting the purchase application is deemed to significantly interfere with the technical operation of the “Mall.”
- The contract shall be deemed concluded when the acceptance of the “Mall” reaches the user in the form of a receipt confirmation notice under Article 12, Paragraph 1.
- The expression of acceptance by the “Mall” shall include confirmation of the user's purchase application, availability for sale, and information on correction or cancellation of the purchase application.
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Article 11 (Payment Methods)
Payment for goods or services purchased at the “Mall” may be made by any available method among the following. However, the “Mall” may not charge any additional fee of any kind on the price of Goods, etc. for the user's payment method.
- Various account transfers such as phone banking, Internet banking and mail banking
- Various card payments such as prepaid cards, debit cards and credit cards
- Online bank deposit without a passbook
- Payment by electronic money
- Payment upon receipt
- Payment by points granted by the “Mall,” such as mileage
- Payment by gift certificates contracted with or approved by the “Mall”
- Payment by other electronic payment methods
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Article 12 (Receipt Confirmation Notice, Change and Cancellation of Purchase Application)
- When a user applies for a purchase, the “Mall” shall send a receipt confirmation notice to the user.
- A user who has received a receipt confirmation notice may request a change or cancellation of the purchase application immediately after receiving the notice if there is any discrepancy in the expression of intent, and the “Mall” shall process the request without delay if it is made before delivery. However, if payment has already been made, the provisions on withdrawal of subscription, etc. in Article 15 shall apply.
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Article 13 (Supply of Goods, etc.)
- Unless otherwise agreed with the user regarding the time of supply of Goods, etc., the “Mall” shall take necessary measures such as custom manufacturing and packaging so that the Goods, etc. can be delivered 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, etc., it shall take such measures within 2 business days from the date of receipt of all or part of the payment. In this case, the “Mall” shall take appropriate measures so that users can check the supply procedures and progress of the Goods, etc.
- The “Mall” shall specify the delivery method, the party responsible for the delivery cost of each method, and the delivery period of each method for goods purchased by users. If the “Mall” exceeds the agreed delivery period, it shall compensate the user for any resulting damages. However, this shall not apply if the “Mall” proves that it was not at fault, whether intentionally or negligently.
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Article 14 (Refunds)
If the Goods, etc. for which a user has applied for purchase cannot be delivered or provided due to reasons such as being sold out, the “Mall” shall notify the user of the reason without delay, and if it has received payment for the Goods, etc. in advance, it shall make a refund or take the necessary measures for a refund within 2 business days from the date of receipt of the payment.
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Article 15 (Withdrawal of Subscription, etc.)
- A user who has concluded a contract with the “Mall” for the purchase of Goods, etc. may withdraw the subscription within 7 days from the date of receiving the receipt confirmation notice.
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A user who has received Goods, etc. may not return or exchange them in any of the following cases:
- The Goods, etc. are lost or damaged due to reasons attributable to the user (however, the subscription may be withdrawn if the packaging, etc. was damaged in order to check the contents of the Goods, etc.)
- The value of the Goods, etc. has significantly decreased due to the user's use or partial consumption
- The value of the Goods, etc. has significantly decreased over time to the extent that resale is difficult
- The packaging of the original Goods, etc. has been damaged in cases where the Goods, etc. can be copied into goods with the same performance
- In the cases of Items 2 through 4 of Paragraph 2, if the “Mall” has not taken measures such as clearly indicating, in a place where consumers can easily see it, the fact that withdrawal of subscription, etc. is restricted, or providing trial products, the user's withdrawal of subscription, etc. shall not be restricted.
- Notwithstanding Paragraphs 1 and 2, if the contents of the Goods, etc. differ from the labeling or advertisement or the contract is performed differently from its contents, the user may withdraw the subscription, etc. within 3 months from the date of receiving the Goods, etc., or within 30 days from the date on which the user became aware or could have become aware of such fact.
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Article 16 (Effects of Withdrawal of Subscription, etc.)
- When the “Mall” receives returned Goods, etc. from a user, it shall refund the payment already received for the Goods, etc. within 3 business days. In this case, if the “Mall” delays the refund to the user, it shall pay delay interest calculated by multiplying the delay period by the delay interest rate announced by the Korea Fair Trade Commission.
- In making the above refund, if the user paid for the Goods, etc. by a payment method such as a credit card or electronic money, the “Mall” shall, without delay, request the business operator that provided the payment method to suspend or cancel the charge for the Goods, etc.
- In the case of withdrawal of subscription, etc., the user shall bear the cost necessary to return the supplied Goods, etc. The “Mall” shall not claim a penalty or damages from the user on the grounds of withdrawal of subscription, etc. However, if the subscription, etc. is withdrawn because the contents of the Goods, etc. differ from the labeling or advertisement or the contract was performed differently from its contents, the “Mall” shall bear the cost of returning the Goods, etc.
- If the user bore the shipping cost when receiving the Goods, etc., the “Mall” shall clearly indicate who bears that cost in the event of withdrawal so that the user can easily understand it.
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Article 17 (Protection of Personal Information)
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When collecting user information, the “Mall” collects the minimum information necessary for the performance of purchase contracts. The following are mandatory, and all other items are optional:
- Name
- Resident registration number (for members) or alien registration number
- Address
- Telephone number
- Desired ID (for members)
- Password (for members)
- E-mail address (or mobile phone number)
- When the “Mall” collects personal information that can identify an individual user, it shall obtain the consent of the user.
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Personal information provided may not be used for purposes other than its intended purpose or provided to a third party without the consent of the user, and the “Mall” shall bear full responsibility for this. However, the following cases are exceptions:
- When providing the minimum user information necessary for delivery (name, address, telephone number) to a delivery company for delivery purposes
- When necessary for statistics, academic research or market research, and provided in a form that cannot identify a specific individual
- When necessary for settlement of payment for transactions of Goods, etc.
- When necessary for identity verification to prevent identity theft
- When there are unavoidable reasons required by law or under the provisions of law
- When the “Mall” must obtain the user's consent under Paragraphs 2 and 3, it shall specify or notify in advance the matters prescribed in Article 22, Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., such as the identity of the person in charge of personal information management (affiliation, name, telephone number and other contact information), the purpose of collection and use of the information, and matters related to the provision of information to third parties (the recipient, the purpose of provision and the contents of the information to be provided), and the user may withdraw this consent at any time.
- Users may at any time request to view and correct errors in their personal information held by the “Mall,” and the “Mall” is obligated to take necessary measures without delay. If a user requests correction of an error, the “Mall” shall not use the relevant personal information until the error is corrected.
- To protect personal information, the “Mall” shall limit and minimize the number of administrators and shall bear full responsibility for any damages to users caused by the loss, theft, leakage or alteration of users' personal information, including credit card and bank account information.
- The “Mall” or any third party that has received personal information from it shall destroy the personal information without delay once the purpose of collection or the purpose for which it was provided has been achieved.
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Article 18 (Obligations of the “Mall”)
- The “Mall” shall not engage in any acts prohibited by laws and these Terms and Conditions or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably in accordance with these Terms and Conditions.
- The “Mall” shall have a security system in place to protect users' personal information (including credit information) so that users can use Internet services safely.
- If a user suffers damages due to unfair labeling or advertising of goods or services by the “Mall” as prescribed in Article 3 of the Act on Fair Labeling and Advertising, the “Mall” shall be liable to compensate for such damages.
- The “Mall” shall not send commercial advertising e-mails that users do not want.
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Article 19 (Obligations of Members Regarding ID and Password)
- Except in the cases under Article 17, members are responsible for managing their ID and password.
- Members shall not allow third parties to use their ID and password.
- If a member becomes aware that their ID and password have been stolen or are being used by a third party, they shall immediately notify the “Mall” and follow its instructions, if any.
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Article 20 (Obligations of Users)
Users shall not engage in the following acts:
- Registering false information when applying or making changes
- Stealing other people's information
- Changing information posted on the “Mall”
- Transmitting or posting information other than that specified by the “Mall” (such as computer programs)
- Infringing on the intellectual property rights, such as copyrights, of the “Mall” or other third parties
- Damaging the reputation of, or interfering with the business of, the “Mall” or other third parties
- Disclosing or posting obscene or violent messages, images, audio or other information contrary to public order and morals on the Mall
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Article 21 (Relationship Between the Linking “Mall” and the Linked “Mall”)
- When an upper “Mall” and a lower “Mall” are connected by a hyperlink (e.g., the targets of hyperlinks include text, images and moving pictures), the former is called the linking “Mall” (website) and the latter is called the linked “Mall” (website).
- If the linking “Mall” states on its initial screen or in a pop-up screen at the time of connection that it does not assume warranty responsibility for transactions conducted with users for Goods, etc. independently provided by the linked “Mall,” it shall not assume warranty responsibility for such transactions.
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Article 22 (Attribution of Copyright and Restrictions on Use)
- Copyrights and other intellectual property rights for works created by the “Mall” belong to the “Mall.”
- Users shall not use, for commercial purposes, information obtained through the use of the “Mall” for which intellectual property rights belong to the “Mall,” by copying, transmitting, publishing, distributing, broadcasting or other methods without the prior consent of the “Mall,” nor allow third parties to use it.
- When the “Mall” uses copyrights belonging to users under an agreement, it shall notify the relevant users.
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Article 23 (Dispute Resolution)
- The “Mall” shall establish and operate a damage compensation handling organization to reflect legitimate opinions or complaints raised by users and to compensate for their damages.
- The “Mall” shall give priority to handling complaints and opinions submitted by users. However, if prompt handling is difficult, the “Mall” shall immediately notify the user of the reason and the processing schedule.
- If a user files a request for damage relief in connection with an electronic commerce dispute between the “Mall” and the user, the dispute may be settled by mediation of a dispute mediation body commissioned by the Korea Fair Trade Commission or the Mayor/Do Governor.
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Article 24 (Jurisdiction and Governing Law)
- Lawsuits regarding electronic commerce disputes between the “Mall” and users shall be under the exclusive jurisdiction of the district court having jurisdiction over the user's address at the time of filing, or over the user's place of residence if the user has no address. 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, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
- The laws of the Republic of Korea shall apply to electronic commerce lawsuits filed between the “Mall” and users.
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