Terms of service

Article 1 (Purpose)

These Terms and Conditions aim to prescribe the rights, obligations, and responsibilities of the cyber mall and users in using the internet-related services (hereinafter referred to as the “Services”) provided by the Shagen Korea cyber mall (hereinafter referred to as the “Mall”) operated by Wieom Co., Ltd. (an e-commerce business operator).

※ These Terms and Conditions shall also apply, to the extent not contrary to their nature, to electronic commerce using PC communications, wireless communications, etc.

Article 2 (Definitions)

① “Mall” means a virtual place of business established by Wieom Co., Ltd. to enable the trading of goods or services (hereinafter referred to as “Goods, etc.”) using information and communications facilities such as computers in order to provide Goods, etc. to users, and the term is also used to refer to the business operator operating the cyber mall.
② “User” means any member or non-member who accesses the “Mall” and receives the services provided by the “Mall” in accordance with these Terms and Conditions.
③ “Member” means a person who has registered as a member in the “Mall” (deleted) and who can continuously use the services provided by the “Mall.”
④ “Non-member” means a person who uses the services provided by the “Mall” without joining as a member.

Article 3 (Specification, Explanation and Revision of Terms and Conditions)

① The “Mall” shall post the contents of these Terms and Conditions, its trade name and the name of its representative, the address of its place of business (including the address where consumer complaints may be handled), telephone number, fax number, e-mail address, business registration number, mail-order business report number, and the person in charge of personal information protection, etc., on the initial service screen (front page) of the 00 cyber mall so that users can easily know such information. However, the contents of these Terms and Conditions may be made available for users to view through a linked screen.
② The “Mall” shall, before a user agrees to these Terms and Conditions, provide important information such as withdrawal of subscription (cancellation), delivery responsibility, and refund conditions in a separate linked screen or pop-up screen, etc., so that the user may understand such important contents and confirm them.
③ The “Mall” may revise these Terms and Conditions within the scope that does not violate applicable laws, including the Act on Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Door-to-Door Sales, etc., and the Framework Act on Consumers, etc.
④ If the “Mall” revises these Terms and Conditions, it shall specify the effective date and the reasons for revision and give notice on the initial screen of the mall together with the current Terms and Conditions from at least seven (7) days prior to the effective date until the day immediately before the effective date. However, if the revision is disadvantageous to users, it shall be announced with a prior grace period of at least thirty (30) days. In such case, the “Mall” shall clearly compare the content before and after revision and display it so that users can easily understand it.
⑤ If the “Mall” revises these Terms and Conditions, the revised Terms and Conditions shall apply only to contracts concluded after the effective date, and the provisions prior to revision shall continue to apply to contracts already concluded before that date. However, if a user who has already concluded a contract expresses an intention to be subject to the revised Terms and Conditions within the notice period under Paragraph 4 and the “Mall” consents thereto, the revised provisions shall apply.
⑥ Matters not prescribed in these Terms and Conditions and interpretation of these Terms and Conditions shall follow the Act on Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Guidelines for Consumer Protection in Electronic Commerce, etc. set forth by the Fair Trade Commission, relevant laws and regulations, or customary practices.

Article 4 (Provision and Change of Services)

① The “Mall” performs the following tasks:
  1. Providing information on goods or services and concluding purchase contracts
  2. Delivering goods or services for which purchase contracts have been concluded
  3. Other tasks determined by the “Mall”
② If goods or services are out of stock or technical specifications are changed, etc., the “Mall” may change the contents of goods or services to be provided under contracts to be concluded in the future. In such case, the “Mall” shall immediately announce the changed contents of the goods or services and the date of provision at the place where the current contents of the goods or services are posted.
③ If the “Mall” changes the contents of the service agreed with the user due to reasons such as out-of-stock goods or changes in technical specifications, it shall immediately notify the user of the reason at an address where the user can be notified.
④ In such case, the “Mall” shall compensate the user for damages incurred thereby. However, this shall not apply if the “Mall” proves that there was no intent or negligence on its part.

Article 5 (Suspension of Services)

① The “Mall” may temporarily suspend the provision of services in the event of maintenance, inspection, replacement, breakdown of information and communications facilities such as computers, interruption of communications, etc.
② The “Mall” shall compensate for damages suffered by users or third parties due to the temporary suspension of services for the reasons in Paragraph 1. However, this shall not apply if the “Mall” proves that there was no intent or negligence on its part.
③ If the “Mall” becomes unable to provide services due to a change of business line, discontinuation of business, merger between companies, etc., the “Mall” shall notify users by the method prescribed in Article 8 and compensate consumers in accordance with the conditions initially presented by the “Mall.” However, if the “Mall” has not announced compensation standards, it shall pay users’ mileage or points, etc. in kind or in cash corresponding to the currency value used in the “Mall.”

Article 6 (Membership Registration)

① A user applies for membership by entering member information in accordance with the subscription form determined by the “Mall” and expressing his/her intention to agree to these Terms and Conditions.
② The “Mall” shall register as a member a user who applies for membership as described in Paragraph 1 unless the user falls under any of the following subparagraphs:
  1. If the applicant has previously lost membership qualification pursuant to Article 7 Paragraph 3 of these Terms and Conditions; provided, however, that this shall not apply to a person who has obtained the “Mall”’s approval for rejoining after three (3) years have elapsed since the loss of membership qualification.
  2. If there is false information, omission, or typographical error in the registration details
  3. If the “Mall” determines that registering the user as a member would cause significant technical disruption
③ The membership agreement is deemed to be concluded when the “Mall”’s acceptance reaches the member.
④ If there is any change to the information registered at the time of membership registration, the member shall notify the “Mall” of such change within a reasonable period by revising member information, etc.

Article 7 (Withdrawal of Membership and Loss of Qualification, etc.)

① A member may request withdrawal from the “Mall” at any time, and the “Mall” shall process the withdrawal immediately.
② If a member falls under any of the following reasons, the “Mall” may restrict or suspend the membership qualification:
  1. If false information was registered at the time of application
  2. If the member fails 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 use of the “Mall”
  3. If the member disrupts another person’s use of the “Mall” or steals such person’s information, thereby threatening electronic commerce order
  4. If the member engages in acts prohibited by laws or these Terms and Conditions or contrary to public order and morals by using the “Mall”
③ If the same act is repeated two (2) or more times after the “Mall” restricts or suspends membership qualification, or if the cause is not corrected within thirty (30) days, the “Mall” may terminate the membership qualification.
④ If the “Mall” terminates membership qualification, it shall cancel the membership registration. In such case, it shall notify the member and provide an opportunity to explain by setting a period of at least thirty (30) days prior to cancellation of membership registration.

Article 8 (Notice to Members)

① When the “Mall” gives notice to a member, it may do so through the e-mail address designated in advance by the member in agreement with the “Mall.”
② For notice to an unspecified number of members, the “Mall” may substitute individual notice by posting such notice on the “Mall” bulletin board for at least one (1) week. However, matters that have a significant impact on the member’s own transactions shall be notified individually.

Article 9 (Purchase Application)

① A user of the “Mall” applies for purchase in the “Mall” by the following method or a similar method, and the “Mall” shall provide the following contents in an easy-to-understand manner when the user applies for purchase. (deleted)
  1. Searching for and selecting goods, etc.
  2. Entering the recipient’s name, address, telephone number, e-mail address (or mobile phone number), etc.
  3. Confirming the contents of these Terms and Conditions, services for which the right of withdrawal is restricted, and contents related to the burden of costs such as delivery charges and installation fees
  4. Indicating agreement to these Terms and Conditions and confirmation or refusal of the matters in Subparagraph 3 above (e.g., mouse click)
  5. Applying for purchase of goods, etc. and confirming such application or consenting to confirmation by the “Mall”
  6. Selecting a payment method
② If the “Mall” needs to provide or entrust the purchaser’s personal information to a third party, it must obtain the purchaser’s consent at the time of the actual purchase application and shall not obtain comprehensive consent in advance at the time of membership registration. In this case, the “Mall” shall specify to the purchaser the items of personal information provided, the recipient, the purpose of use by the recipient, and the retention/use period. However, in cases where relevant laws and regulations provide otherwise, such as in the case of outsourcing personal information processing under Article 25 Paragraph 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., such laws and regulations shall apply.

Article 10 (Formation of Contract)

① The “Mall” may refuse to accept a purchase application under Article 9 if any of the following applies. However, when concluding a contract with a minor, it must notify that the minor or the legal representative may cancel the contract if consent of the legal representative is not obtained.
  1. If there is false information, omission, or error in the application
  2. If a minor purchases goods or services prohibited by the Juvenile Protection Act, such as tobacco or alcohol
  3. If the “Mall” determines that accepting the purchase application would cause significant technical disruption
② A contract is deemed to be formed when the “Mall”’s acceptance reaches the user in the form of a receipt confirmation notice under Article 12 Paragraph 1.
③ The “Mall”’s acceptance shall include information such as confirmation of the user’s purchase application, availability for sale, and correction/cancellation of the purchase application.

Article 11 (Payment Methods)

Payment for goods or services purchased in the “Mall” may be made by any available method among the following. However, the “Mall” shall not collect any additional fee under any name in connection with the user’s payment method.

  1. Account transfers such as phone banking, internet banking, mail banking, etc.

  2. Card payments such as prepaid cards, debit cards, credit cards, etc.

  3. Online bank deposit without a passbook

  4. Payment by electronic money

  5. Payment upon receipt

  6. Payment using points provided by the “Mall,” such as mileage

  7. Payment using gift certificates contracted with or recognized by the “Mall”

  8. Other electronic payment methods, etc.

Article 12 (Receipt Confirmation Notice; Changes and Cancellation of Purchase Application)

① The “Mall” shall issue a receipt confirmation notice to the user when the user applies for purchase.
② If there is any discrepancy in the expression of intent, etc., a user who has received a receipt confirmation notice may request changes or cancellation of the purchase application immediately after receiving the notice, and the “Mall” shall process such request without delay if it is made before shipment. However, if payment has already been made, the provisions on withdrawal of subscription, etc. in Article 15 shall apply.

Article 13 (Supply of Goods, etc.)

① Unless there is a separate agreement regarding the time of supply of goods, etc., the “Mall” shall take necessary measures such as made-to-order production, packaging, etc. so that goods, etc. can be delivered within seven (7) days from the date the user places an order. However, if the “Mall” has already received all or part of the payment for goods, etc., it shall take such measures within three (3) business days from the date it received all or part of the payment. At this time, the “Mall” shall take appropriate measures so that the user can check the supply procedures and progress of goods, etc.
② The “Mall” shall specify the delivery method, the party responsible for delivery costs by method, and the delivery period by method for the goods purchased by the user. If the “Mall” exceeds the agreed delivery period, it shall compensate the user for damages resulting therefrom. However, this shall not apply if the “Mall” proves that there was no intent or negligence on its part.

Article 14 (Refund)

If the “Mall” is unable to deliver or provide the goods, etc. applied for purchase by the user due to reasons such as out of stock, it shall notify the user of the reason without delay, and if it has received payment for the goods, etc. in advance, it shall refund the payment within three (3) business days from the date of receipt of the payment or take necessary measures for the refund.

Article 15 (Withdrawal of Subscription, etc.)

① A user who has concluded a contract with the “Mall” regarding the purchase of goods, etc. may withdraw the subscription within seven (7) days from the date on which the user receives a written document on the contract contents pursuant to Article 13 Paragraph 2 of the Act on Consumer Protection in Electronic Commerce, etc. (if the supply of goods, etc. is made later than the time the user receives the document, it means the date the user receives the goods, etc. or the date the supply begins). However, if the Act on Consumer Protection in Electronic Commerce, etc. provides otherwise regarding withdrawal of subscription, the provisions of the Act shall apply.
② If the user has received delivery of goods, etc., the user may not return or exchange the goods, etc. in any of the following cases:
  1. If the goods, etc. are lost or damaged due to a cause attributable to the user (provided that the user may withdraw the subscription if the packaging, etc. has been damaged in order to confirm the contents of the goods, etc.)
  2. If the value of the goods, etc. has significantly decreased due to the user’s use or partial consumption
  3. If the value of the goods, etc. has significantly decreased to the extent that resale is difficult due to the passage of time
  4. If the packaging of the original goods, etc. has been damaged in cases where duplication is possible with goods, etc. having the same performance
③ In the cases of Subparagraphs 2 through 4 of Paragraph 2, if the “Mall” did not take measures such as clearly stating in a place easily noticeable to consumers that withdrawal of subscription is restricted or providing a trial product, the user’s right to withdraw the subscription is not restricted.
④ Notwithstanding Paragraphs 1 and 2, if the contents of goods, etc. differ from the 표시•advertising contents or are performed differently from the contract, the user may withdraw the subscription, etc. within three (3) months from the date the user received the goods, etc., or within thirty (30) days from the date the user became aware or could have become aware of such fact.

Article 16 (Effects of Withdrawal of Subscription, etc.)

① If the “Mall” receives returned goods, etc. from the user, it shall refund the price already paid for the goods, etc. within three (3) business days. If the “Mall” delays refunding the goods, etc. to the user, it shall pay delayed interest calculated by multiplying the delayed period by the delayed interest rate prescribed in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc. (parenthetical part deleted).
② When refunding the above amount, if the user paid the price for the goods, etc. by a payment method such as credit card or electronic money, the “Mall” shall request without delay that the business operator providing the relevant payment method suspend or cancel the billing of the price for the goods, etc.
③ In cases of withdrawal of subscription, etc., the costs necessary to return the supplied goods, etc. shall be borne by the user. The “Mall” shall not claim penalties or damages from the user for reasons of withdrawal of subscription, etc. However, if withdrawal of subscription, etc. is made because the contents of the goods, etc. differ from the 표시•advertising contents or are performed differently from the contract, the costs necessary to return the goods, etc. shall be borne by the “Mall.”
④ If the user paid shipping costs when receiving the goods, etc., the “Mall” shall clearly indicate, in a manner easy for the user to understand, who will bear such costs in the event of withdrawal of subscription.

Article 17 (Protection of Personal Information)

① The “Mall” collects the minimum personal information necessary for providing services when collecting users’ personal information.
② The “Mall” does not collect information necessary for the performance of a purchase contract in advance at the time of membership registration. However, this shall not apply where identity verification is required before a purchase contract in order to fulfill obligations under relevant laws and regulations and the collection of minimum specific personal information is necessary.
③ When collecting and using a user’s personal information, the “Mall” shall notify the user of the purpose and obtain the user’s consent.
④ The “Mall” shall not use the collected personal information for purposes other than the stated purpose. If a new purpose of use arises or if the information is provided to a third party, the “Mall” shall notify the user of the purpose and obtain consent at the stage of use/provision. However, exceptions apply where otherwise provided by relevant laws and regulations.
⑤ Where the “Mall” must obtain the user’s consent pursuant to Paragraphs 2 and 3, it must 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., including the identity of the person in charge of personal information protection (affiliation, name and telephone number, and other contact details), the purposes of collection and use, and matters related to provision of information to third parties (recipient, purpose, and contents of information to be provided). Users may withdraw such consent at any time.
⑥ Users may request at any time access to and correction of errors in their personal information held by the “Mall,” and the “Mall” has the obligation 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.
⑦ For the protection of personal information, the “Mall” shall limit the persons who process users’ personal information to the minimum necessary and shall bear all responsibility for damages suffered by users due to loss, theft, leakage, provision to third parties without consent, alteration, etc. of users’ personal information, including credit cards and bank accounts.
⑧ The “Mall” or a third party that has received personal information from the “Mall” shall destroy such personal information without delay when the purpose of collection or the purpose for which it was provided has been achieved.
⑨ The “Mall” shall not set consent checkboxes related to collection, use, and provision of personal information as pre-selected. In addition, it shall specifically state the services that are restricted when the user refuses to consent to the collection, use, and provision of personal information, and it shall not restrict or refuse membership registration or provision of services on the grounds that the user refused consent to collection, use, and provision of personal information that is not a required collection item.

Article 18 (Obligations of the “Mall”)

① The “Mall” shall not engage in acts prohibited by laws and regulations or these Terms and Conditions, or acts contrary to public order and morals, and shall do its best to continuously and stably provide goods and services in accordance with these Terms and Conditions.
② The “Mall” shall establish a security system to protect users’ personal information (including credit information) so that users can use internet services safely.
③ If a user suffers damages due to the “Mall”’s unfair 표시•advertising acts prescribed in Article 3 of the Act on Fair Labeling and Advertising with respect to goods or services, the “Mall” shall be liable to compensate such damages.
④ The “Mall” shall not send advertising e-mails for commercial purposes that users do not want.

Article 19 (Obligations Regarding Member ID and Password)

① Except as provided in Article 17, the responsibility for managing the ID and password lies with the member.
② A member shall not allow a third party to use his/her ID and password.
③ If a member becomes aware that his/her ID and password have been stolen or are being used by a third party, the member shall immediately notify the “Mall” and, if the “Mall” provides guidance, shall follow such guidance.

Article 20 (Obligations of Users)

Users shall not engage in the following acts:

  1. Registering false information when applying or making changes

  2. Misappropriating another person’s information

  3. Changing information posted on the “Mall”

  4. Transmitting or posting information (computer programs, etc.) other than the information specified by the “Mall”

  5. Infringing copyrights or other intellectual property rights of the “Mall” or any third party

  6. Damaging the reputation of the “Mall” or any third party, or interfering with their business

  7. Disclosing or posting obscene or violent messages, images, sounds, or other information contrary to public order and morals on the Mall

Article 21 (Relationship Between Linked “Malls” and Linked-To “Malls”)

① Where an upper “Mall” and a lower “Mall” are linked by a hyperlink method (e.g., the hyperlink target may include text, images, and videos, etc.), the former is referred to as the “linking Mall” (website) and the latter as the “linked-to Mall” (website).
② If the linking “Mall” clearly states on its initial screen or in a pop-up screen at the time of linking that it does not assume warranty responsibility for transactions conducted between users and the linked-to “Mall” regarding goods, etc. independently provided by the linked-to “Mall,” then the linking “Mall” shall not bear warranty responsibility for such transactions.

Article 22 (Ownership of Copyright and Restrictions on Use)

① Copyrights and other intellectual property rights in works created by the “Mall” belong to the “Mall.”
② Users shall not use, for profit-making purposes, or allow third parties to use information obtained through use of the “Mall” for which intellectual property rights belong to the “Mall,” by means of reproduction, transmission, publication, distribution, broadcasting, or any other method without the prior consent of the “Mall.”
③ Where the “Mall” uses copyrights that belong to users in accordance with an agreement, it shall notify the relevant user.

Article 23 (Dispute Resolution)

① The “Mall” shall establish and operate a damage compensation handling mechanism to reflect legitimate opinions or complaints raised by users and to compensate for damages.
② The “Mall” shall prioritize 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.
③ If a user applies for damage relief in relation to an e-commerce dispute between the “Mall” and the user, the dispute may be subject to mediation by a dispute mediation body commissioned by the Fair Trade Commission or the mayor/governor (city/province).

Article 24 (Jurisdiction and Governing Law)

① Litigation regarding e-commerce disputes between the “Mall” and users shall be brought before the court having exclusive jurisdiction over the user’s address at the time of filing; if there is no address, the court having jurisdiction over the user’s residence shall have exclusive jurisdiction. However, if the user’s address or residence is unclear at the time of filing, or in the case of a foreign resident, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
② Korean law shall apply to e-commerce lawsuits filed between the “Mall” and users.

Addendum (Effective Date)

These Terms and Conditions shall take effect as of ___ (year) ___ (month) ___ (day).