Internet Cybermall Terms and Conditions
Chapter 1. Purpose
The terms and conditions set forth below aims protect the rights of the customers by defining customer's rights, obligations, and responsibilities when they use the services (the "services") provided by the online shopping mall (the "shopping mall"), which is operated by Rootree (the "company").
Chapter 2. Definition
- The "shopping mall" refers to a virtual place of business that is provided to trade goods, using information and communication facilities like a computer, in order for the shopping mall to provide services to customers, such as the sale of goods or services.
- The "customer" refers to a member and a non-member who receives the service provided by the shopping mall in accordance with the terms.
- The "member" refers to a person who joins membership by providing the personal information to the mall, and receives the information of the shopping mall and mall and use the service provided by the mall continuously.
- The "non-member" refers to a person who uses the service provided by the mall without joining membership.
Chapter 3. Specification, description, and revision of the terms
- Rootree should post the contents of these terms and conditions, company name, CEO's name, business registration number, and contact number (phone number, fax number, e-mail address, etc.) on the initial page of the mall, so that customers can find the information conveniently.
- Rootree can revise the terms unless such revision violates the Terms and Conditions Control Act, Basic E-Commerce Act, Promotion of Information and Communication Network Use and Protection of Information Act, Call Sales Act, or Consumer Protection in the Electronic Commerce Transactions Act.
- If Rootree plans to revise the terms, the shopping mall should notify the changing of the terms and cause of changes 7 days prior to the date when the revised terms will take effect. In this case, the shopping mall should clearly indicate the contents after the revision in the page of the contents before the revision.
- If Rootree revise the terms, it applies to only the contracts made after the revision date and the contracts ahead applies the former terms.
However, if the member agrees to the revised terms of the mall by sending the opinion to the shopping mall and Rootree agrees to it, the shopping mall can apply the revised terms to the member in question.
- Any items not specified in the terms and contents of the terms should be interpreted, according to the Consumer Protection in the Electronic Commerce Transactions Act, related laws and regulations, and commercial practice.
Chapter 4. Service provision and change
The shopping mall does the following duty.
- Providing the information on goods or services, and concluding a purchase agreement.
- Delivering the goods that the purchase agreement has been concluded.
- Other duties specified by the shopping mall.
- The shopping mall can change the contents of the goods to be delivered, according to the contract that will be concluded, if goods are out of stock or technical specification is changed. In this case, the shopping mall should notify the contents of the changed goods and date of provision immediately at the same location where the current contents of goods are notified.
- If the shopping mall changes the contents of the service that is agreed to be delivered with the customer due to out of stock or technical specification change, the shopping mall should notify the reason to the customer immediately, using the available means.
- The shopping mall should compensate for the losses suffered by the customer due to the reason specified above. However, the shopping mall will not compensate for the losses, if the shopping mall proves that the loss was not intentional or the shopping mall is free from fault.
Chapter 5. Termination of the service
- The shopping mall can interrupt the service temporarily after notifying temporary service interruption, if the telecommunication facility of the mall requires maintenance and replacement, or fails; or communication fails.
- The shopping mall should compensate for the loss of the customer, if the service is interrupted temporarily due to the reason specified above. However, the shopping mall will not assume the responsibility, if the shopping mall is free from negligence or mistake.
- The shopping mall should notify service interruption in advance, if the shopping mall cannot provide the service through the mall due to the change of the business item, discontinuation of business, or merger of businesses. If the shopping mall did not announce the compensation, the shopping mall shall pay back the mileage or e-money of the members as the corresponding amount of money or goods.
Chapter 6. Membership
- The customer can request membership by filling out the member information on the membership form designated by the shopping mall, and expressing the intention of consent about the terms.
The shopping mall should accept the membership application of the customer who has applied according to above, unless the customer comes under the following cases.
- If the customer has lost the membership due to the Article 3 of Chapter 7. However, there are exception for the customer who has exceeded 3 years after the loss of the membership due to the Article 3 of Chapter 7 and acquired the consent of the shopping mall.
- If there is any false information, omission, or mis-description in the membership application.
- If the shopping mall considers the registration of member is causing technical interruption.
- The membership agreement will be concluded when the shopping mall's approval reaches the member.
- If there are any changes in the member information according to the Article 1 of Chapter 15, the members should inform the shopping mall immediately via the e-mail or other means.
Chapter 7. Membership withdrawal and disqualification
- The member can withdraw membership from the mall at any time, and can take necessary actions including the deletion of the posted article.
The shopping mall can restrict or suspend, or disqualify membership, if the customer comes under the following cases.
- If the customer registered the false information while applying membership or changing the information.
- If the customer doesn't pay off his/her debts by the due date with regards to the payment for the goods purchased from the mall, or the fee paid by the member to use the mall.
- If the customer hinders others from using the mall, or breaks the e-Commerce order such as illegal use of the information.
- If the customer uses the mall using the abnormal method by taking advantage of telecommunication facility malfunction or error.
- If the member repeats the same actions above more than twice or amendment is not done within 30 days after restriction or suspension of the membership of the shopping mall, the shopping mall may disqualify the membership.
- If the customer will be disqualified, the shopping mall should notify it to the customer, and give an opportunity of providing evidence of the reason by setting more than 30 days before disqualification.
Chapter 8. Notification to the member
- If the shopping mall needs to contact an individual member, the shopping mall can use the e-mail address specified by the member in advance.
- If the shopping mall needs to notify many members, the shopping mall can post the notice on the online service bulletin board more than 1 week instead. However, the shopping mall will notify the member individually, if the issue affects the customer significantly regarding the customer's transaction.
Chapter 9. Purchase application
The customer can apply for purchase at the mall, using the following or similar methods. The shopping mall should allow the customer to understand the followings at the mall, when applying for purchase. However, the application of Paragraph 2 and 4 can be excluded for the member.
- Searching and selecting goods.
- Entering the information such as name, address, phone number, or e-mail address (or mobile phone number).
- Checking the details related to the contents of the terms, service charge, delivery charge, or installation fee that restrict the customer's right of canceling an order.
- Agreeing to the terms, and expressing the intention of confirming or rejecting Paragraph 3. (Ex. Mouse click)
- Confirming the application for goods purchase, or agreeing to the shopping mall's confirmation request.
- Selecting a payment method.
Chapter 10. Conclusion of a purchase agreement
The shopping mall may not accept the customer's request, if the customer's purchase order comes under the following cases. However, if the minor concluded the contract, the minor in question or legal representative can cancel the contract in question, if the shopping mall cannot obtain consent from the legal representative.
- If there is any false information, omission, or mis-description in the application.
- If the minor purchases goods or services prohibited under the Juvenile Protection Act.
- If the shopping mall decides that accepting the purchase request is very difficult in terms of the available technology.
- The shopping mall's acceptance of the purchase request will be sent to the customer via the e-mail after ordering is completed. The contract is deemed to be concluded when the e-mail is sent to the customer.
- A sign of acceptance according to above can include the confirmation of customer's purchase request, salability, and information on purchase request correction or cancellation.
Chapter 11. Payment method
The customer can pay for goods purchased from the mall using one of the following methods. The shopping mall will not collect any addition commission on top of the goods price with regards to the customer's selection of the payment method.
- Phone banking, internet banking, mail banking and other account transfers
- Online cash transfer
- Payment with electronic money
- Payment along acquisition
- Payment with points such as mileage provided by the shopping mall
- Payment with the vouchers that the shopping mall accepted or contracted
- Other payment methods according to other electronical payment.
Chapter 12. Receipt notification, and purchase application change and cancellation
- The shopping mall will send receipt notification to the customer, if the customer requests purchase.
- Upon receiving recipient notification, the customer can request purchase application change or cancellation on the mall web page or over the phone without delay, if there is any mismatch of customer's intention expression. Upon the customer's request, the mall should process the customer's request without delay. However, if the customer has already made payment, the Chapter 15 cancellation in order will apply.
Chapter 13. Delivery of goods
- The shopping mall should take necessary actions such as ordering, manufacturing, or packing to deliver goods within 7 days after receiving the customer's order, unless there is no separate agreement with the customer regarding the goods delivery time. However, the shopping mall should take necessary actions to supply goods within 2 business days after receiving full or partial payment, if the shopping mall has already received full or partial payment. At this time, the shopping mall should take appropriate measures for the customer to check the goods supply procedure and progress.
- The shopping mall should specify a means of delivery, person responsible for expenses by delivery means, and delivery time by delivery means on the mall, regarding the goods purchased by the customer. If the shopping mall exceeds the specified delivery time, the shopping mall shall compensate of the loss. However, the shopping mall will not compensate for the losses, if the shopping mall proves that the loss was not intentional or the shopping mall is free from fault.
Chapter 14. Refund
If the shopping mall cannot provide or deliver the goods ordered by the customer due to out of stock or other reasons, the shopping mall should notify it to the customer without delay. If the shopping mall received the payment for goods in advance, the shopping mall should refund the payment within 2 business days after receipt, or take necessary actions for refund.
Chapter 15. Cancellation of the order
- The customer can cancel the order within 7 days after the receipt verification notice.
The customer cannot return or exchange goods after delivery under the following circumstances.
- If goods has been lost or damaged due to the reason of customer's fault. (However, order cancellation can be accepted, if the packing is damaged to check the contents of goods.)
- If goods value has dropped significantly due to use by the customer or partial consumption.
- If goods value has dropped significantly due to the time elapsed that it cannot be resold.
- If goods can be copied to similar performance goods, and the packing of original goods is damaged.
- For Paragraph 2.2 or 2.4, the customer has no limits in requesting cancellation, if the shopping mall did not specify in advance that order cancellation is restricted at the place that can be easily found by the customer.
- In spite of Paragraph 1 and 2, the customer can cancel his/her order within 3 month after receiving the goods in question, or 30 days after recognizing the fact or being able to recognize the fact, if the contents of goods are different from the marking or advertisement, or the delivered differently from the agreement.
Chapter 16. Effects of order cancellation
- If the shopping mall receives returning goods from the customer, the shopping mall refunds the payment with 3 business days. In this case, if the shopping mall postponed returning goods payment to the customer, the shopping mall should pay for the deferred payment interest, which is calculated by multiplying the deferred payment interest rate published by the Fair Trade Commission by the deferred period.
- When refunding the payment, if the customer has paid by credit card or electronic money, the shopping mall should order suspension or cancellation of the goods payment request without delay to service provider that has provided the payment method in question.
- The customer should bear the expense needed to return the delivered goods, if the customer want to cancel the request. The shopping mall should not demand cancellation charge or claim damages due to request cancellation. However, if the order is canceled because the contents of goods are different from the marking or advertisement, or goods are delivered differently from the agreement, the shopping mall should bear the expenses needed to return goods.
- If the customer paid for the delivery when receiving the product, the shopping mall shall specify the party in charge of the fee.
Chapter 17. Privacy
The shopping mall will collect the minimum personal information that is needed to provide the service to the customer. The following are the required information and other than that is optional information.
- Registration number (for members) of foreigner registration number
- Phone number
- ID (for members)
- Password (for members)
- Email address (or mobile phone number)
- When the shopping mall collects the customer's personal information, the shopping mall should obtain consent from the customer in question in according to related laws and regulations.
The collected personal information should not be used for other purposes without customer's consent or provided to the third party. The shopping mall will bear all responsibilities regarding this. However, the followings can be an exception.
- Providing the minimum customer information (name, address, and phone number) needed for goods delivery to the delivery company.
- If the information is provided for statistics compilation, academic research, or market survey in such way that the information cannot identify a particular person.
- If the information is needed to settle down the payment for goods trade.
- If individual verification is needed to prevent illegal use.
- Under the unavoidable circumstances due to laws and regulations.
- If the shopping mall should obtain customer's consent according to Paragraph 2 and 3, the shopping mall should specify or notify the information in advance, which is stipulated in the Article 2 of Chapter 22 of Promotion of Information and Communication Network Use and Protection of Information Act, such as the identity of the privacy manager (department, name, phone number, and other contact information), purpose of collecting and using the information, and matters related to the information provision to the third party (information receiver, purpose of provision, and contents of the information to provide). The customer is free to cancel the agreement at any time.
- The customer can request the retrieval and error correction of his/her personal information possessed by the shopping mall at any time, and the shopping mall should assume the responsibility of taking necessity measures without delay. If the customer request error correction, the shopping mall should not use the personal information in question until correction is made.
- The shopping mall should minimize the number of personal information handlers to protect the personal information. The shopping mall take the responsibility of compensating for the damages of the customer that occurred due to the loss, stealing, disclosure, or alteration of the customer's personal information due to company's fault.
- The third party that received the personal information from the shopping mall or customer should destroy the personal information in question without delay, when the purpose of collecting or receiving the personal information is achieved.
Chapter 18. Responsibilities of the shopping mall
- The shopping mall should not commit behavior that is prohibited by laws and regulations, or the terms; or that goes against good manners and customs. The shopping mall should make its best efforts to provide goods and services continuously and stably according to the terms.
- The shopping mall should be equipped with the security system to protect the customer's personal information (including credit information), so that the customer can use the Internet service safely.
- The shopping mall should assume the responsibility of compensating for the customer's loss caused by unfair indication and advertisement behavior regarding goods or services, in accordance with the Fair Indication and Advertisement Act.
- The shopping mall should not send an unsolicited advertisement e-mail for the commercial purpose to the customer against the customer's will.
Chapter 19. Responsibility over the member's ID and password
- The member should be responsible for managing his/her ID and password.
- The member should not allow the third party to use his/her ID and password.
- If the member has lost his/her ID and password, or recognizes that others are using his/her iD and password, the member should notify it to the shopping mall immediately and follow the instructions of the shopping mall, if any.
Chapter 20. Obligation of the member
The customer should not commit behavior listed below.
- Providing false information during application or information change.
- Illegal use other’s identity.
- Change of the information posted on the mall.
- Sending or posting of the information that is not designated by the shopping mall (computer program, etc.)
- Violating the copyright of the shopping mall or the third party.
- Behavior that causes the defamation of the shopping mall or third party, or obstruction of work
- Disclosing or posting obscene or violent message, image, voice, or information that goes against good manners and customs.
Chapter 21. Relationship between connecting shopping mall and connected shopping mall
- When the upper shopping mall is linked with the lower shopping mall using the hyperlink (including the text, picture, and video hyperlink target), the former is called the connecting shopping and the latter is called the connected shopping mall.
- The connecting shopping mall will not take the responsibility of a surety regarding the transaction, if the connecting shopping mall specified the policy that the connecting shopping mall will not provide warranty on the transaction of the customer with the goods independently provided by the connected shopping mall, on the initial screen of the mall or on the pop-up that appears at the time of opening the connected shopping mall.
Chapter 22. Vesting and restricted use of the intellectual property right
- All ownership, copyrights, and intellectual property rights of the work created by the shopping mall belong to the shopping mall.
- The customer should not use or allow others to use the information obtained while using the mall for profit without prior approval from the shopping mall through duplication, transmission, publishing, distribution, broadcasting, or other methods, if the shopping mall holds the intellectual property right on the information.
- The shopping mall shall notify the relevant customer in case of using the intellectual property belonged to the customer
Chapter 23. Dispute resolution
- The shopping mall will install and operate the shopping mall customer support center, which is the damage compensation handling organization designed to reflect customer’s rightful opinion or complaint and make up for the loss.
- The shopping mall will handle the complaint and comment raised by the customer first. However, the shopping mall should notify the reason and handling schedule to the customer, if the complaint or comment cannot be processed quickly.
- If the customer applies for damage relief regarding the e-Commerce dispute raised between the shopping mall and the customer, the shopping mall can follow the arbitration of the e-Commerce Disputes Mediation Committee that was established in accordance with the Basic e-Commerce Act and its enforcement ordinances.
Chapter 24. Jurisdiction and applicable laws
- All matters related to the dispute shall be governed by Korean laws.