Terms & Conditions14 January 2022 2023-01-03 15:52
Terms & Conditions
Article 1 (Purpose)
The purpose of this agreement is to regulate rights, obligations and responsibility between apMMUST.com and users in using Internet-related service (hereinafter referred as service) provided by 유한회사 에이피엠머스트 (E-commerce business operator) at apMMUST.com (hereinafter referred as mall).
※「E-commerce transaction using PC communication, wireless etc shall not be against to the nature of the Terms and Conditions, i.e shall constantly apply this agreement.」
Article 2 (Definition)
①“Mall”refers to a virtual business place of trading commodities etc set up by 유한회사 에이피엠머스트 providing commodities and service (hereinafter referred as commodities etc) using information and communication facilities, it also means the business owner who operates apMMUST.com.
② “User”stands for members and non-members accessing“mall”and using service following this agreement.
③ ‘Member’means users who finished member registration and continually use service provided by “mall”.
④‘Non-member’means users using service provided by “mall” without registering as a member.
Article 3 (agreement etc details, instructions and revision)
① “Mall”shall post agreement contents and company name, president’s name, the address of business place location (address dealing with customers’complaints included), office telephone number, copy commission number, electronic post code, business license number, report number of E-commerce retail industry, private information management director etc on the beginning service page (the entire page) in a concise way. However, agreement content is readable only through bridging shots.
② “Mall”should provide additional bridging shots or pop-up pages, enabling easy understanding of important terms among fixed contents, for example, subscription withdraw, delivery responsibility, refund conditions etc before users agree to the Terms and Conditions.
③ “Mall”is entitled to revise this agreement in the range of not violating related regulations and laws such as 「Consumer Protection Act on E-commerce」, 「Regulation of Standardized Contracts Act」, 「Framework Act on Electronic Commerce and Electronic Documents」, 「Electronic Financial Transaction Act」, 「Digital Signature Act 」,「 Promotion of Information and Communications Network Utilization and Information Protection Act」, 「Act on the door to door sale」, 「Framework Act on Consumers」.
④ “Mall” shall specify the reason for agreement revision and release current version on the starting page 7 to 1 day before the revised edition officially come into force. In the meanwhile, announcement should be released at least 30 days’space period in advance if revised content is possibly unfavorable to users. In this case, “mall”should also indicate the difference between previous and revised contents with clear comparison in a concise way.
⑤ Revised agreement is only applicable to contracts concluded after effective date while those concluded before the date continue applying previous version without alteration. According to Article 3 of revised agreement, users are permitted to apply the revised edition only on the premise of “mall”’s consent if concluded contracts prefer the amended version.
⑥ Items and Conditions without definition and interpretation in this agreement follow Consumer Protection Act, Regulation of Standardized Contracts and guidelines for consumer protection, relevant acts and commercial practice stipulated by Act and Fair Trade Commission on E-commerce.
Article 4 (Service provision and alteration)
① “Mall”performs the following duties.
1. Information provision of commodities etc and conclusion of purchase agreement.
2. Delivery of commodities etc under concluded purchase contracts
3. Other related duties stipulated by“mall”
②“Mall”is entitled to amend commodities etc content according to contracts concluded in the future when the quality and technical specification changed. In this case, altered part and provision date should be specified and new commodities etc content should be released at the same place with previous version.
③ As the supplier,“mall”shall promptly notify users about the reason to reachable address when contracted service content is altered due to commodities etc out-of-stock and technical specification change.
④“Mall”shall compensate users’loss in the case of the foregoing clause. However, this does on apply if “mall” could prove that there was no intention or negligence.
Article 5 (service interruption)
①“Mall”is entitled to conduct a comtemporary service interruption when information and communication equipments such as computers etc are under maintenance, inspection and malfunction or communication interruption occurs.
②“Mall”shall compensate users or the third party for the suffered loss caused by the comtemporary service interruption stated in the first item. However, this does not apply if “mall” could prove that there was no intention or negligence.
③“Mall”shall notify users in the methods prescribed in Article 8 and compensate consumers according to conditions initially suggested at“mall” due to business item conversion, business abandonment, business integration etc. In case that there is no special notification about compensation standard,“mall”should pay users with kind or cash of equivalent value to current mileage or reserve fund at “mall”.
Article 6 (membership registration)
① Users may apply for membership registration by declaring assent of this agreement after filling member information following the form prescribed by“mall”.
②“Mall”shall register membership applicants who do not correspond the following situations as members.
1. Members previously lost membership qualification according to Clause 3, Article 7 to this agreement with exception of the situation of obtaining “mall”’s reentrance approval 3 years later.
2. Untruth, omission and misdescription of registration content
3. Decisive judgement of obvious technical encumbrance at “mall”in the case of registration with other members.
③ The conclusion time of membership registration contract is the time when members received “mall”’s approval.
④ Member should inform content needed to be changed in the method such as membership information modification about“mall”within a reasonable period of time in the event of attempting registered content alteration.
Article 7 (membership withdrawal and qualification loss etc)
① Members are at any time entitled to apply for membership withdrawal while“mall”shall process the application immediately.
② “Mall”is entitled to limit and disable qualification providing that member corresponds the following situations.
1. Filling fake content in the membership registration process
2. Failure of making payment price for commodities etc purchased at “mall”and liability caused by other related “mall”usage by the appointed date.
3. Disturbance of others’ use of“mall”or theft of others’information causing threat to regular order of E-commerce.
4. Behaving against to public order and customs or forbidden actions of legislations and this agreement on “mall”.
③“Mall”is entitled to abolish membership qualification providing that members maintain misbehavior more than twice or the cause was not rectified 30 days after qualification limitation and disablement.
④ Membership registration will be expunged if “mall”decided to abolish the qualification. In this case, “mall”shall notify members and give a chance for justification at least 30 days before the registration cancellation.
Article 8 (member notification)
①“Mall”is entitled to perform notification with the E-mail address negotiated with member beforehand.
②“Mall”is entitled to make announcement on electronic bulletin board instead of individual notification at least more than 1 week in advance in case of notifying unspecifically several members. However, individual notification should be performed if issues could cause critical influence and relate to member’s personal business.
Article 9 (purchase application and personal information provision etc)
① Users shall make purchase application on “mall”or by other similar means while“mall”should accordingly provide the following content in a concise way.
1. Search and options of commodities etc
2. Input of receiver’s name, address, telephone number, E-mail address (or mobile phone number)
3. Confirmation of content regarding to agreement clauses, limited service on subscription cancellation rights, expenses burden of shipping charge and facility costs.
4. Assent of this agreement and confirmation or reject indication of the above-mentioned 3rd item.
5. Purchase application of commodities etc and concerned confirmation, assent of “mall”’s confirmation.
6. payment option choices
② In the event that provision of purchasers’personal information is necessary, “mall”should inform buyers of 1) receiver of the information, 2) the purpose of utilization of the information, 3) entries of the information, 4) the period of information possession and utilization and obtain approval from buyers. (Approved entries with any alteration continue applying the regulation)
③ In the event that “mall”consign businesses to a third party for the purpose of managing purchasers’personal information, “mall”should inform buyers of 1) information management consignee, 2) consigned content of information management and obtain consent from buyers. (Approved entries with any alteration continue applying the regulation). However, in case of the necessity of contract performance concerning on service provision and buyer convenience promotion, notification through methods and management policy stipulated in「Promotion of Information and Communications Network Utilization and Information Protection Act」 shall be conducted instead of the aforementioned notification process.
Article 10 (contract formation)
① “Mall”is entitled to be incompliant if purchase applications mentioned in Article 9 correspond to any one of the following situations. The content that minors themselves and their legal representatives are entitled to cancel the contract should be notified if contract was entered without representatives’approval.
1. Untruth, omission and misdescription of application content
2. Purchase of minor prohibited commodities and service in 「Juvenile Protection Act」such as cigarettes, alcohol etc.
3. Decisive judgement of obvious technical encumbrance for approving other purchase application.
② The contract is officially formed at the time point when“Mall”’s approval reaches users in the form of receive confirmation notification mentioned in Clause 1, Article 12.
③ The declaration of “mall”’s approval includes users’purchase application confirmation, correction, cancellation and salability confirmation.
Article 11 (payment methods)
Any possible one among the following methods is usable to make payment for the price of commodities etc purchased at “mall”.
1. Various transaction methods through phone banking, Internet banking, mail banking etc
2. Payment with prepaid card, debit card and credit card.
3. Online deposit without bankbook
4. Electronic currency based payment
5. Collectible payment
6. payment based on points provided by “mall”such as mileage
7. payment based on coupon admitted by “mall” or others shopping malls contracting with “mall”
8. payment based on other electronic payment etc
Article 12 (receive confirmation notification / purchase application alteration and cancellation)
① “Mall”shall give users receive confirmation notification if they applied purchase.
② Users are entitled to promptly alter or cancel purchase application in case of receiving a confirmation notification different from the content of WILL declaration
The ‘’Mall’’ shall take measures without any delay if a request arrives before order dispatch.
In case purchase has been paid, subscription cancellation described in Article 15 shall be followed.
Article 13 (supply of commodities etc)
① In regards to commodity (supply time, quantity, etc.), ‘’mall’’ shall custom order, pack and take additional necessary steps within 1 to 7 days since subscription if there is no inclusive agreement with users. Nonetheless steps should be implemented within 1 to 3 business days if the ‘’Mall’’ received the complete or partial purchase price. In the process, the ‘’mall’’ should also make proper efforts to enable users to confirm commodities (provision process and progress, etc.)
②The ‘’Mall’’ shall make a clear indication about purchased commodities’ transportation means, shipping cost payer of each means, delivery period, etc.
The ‘’Mall’’ also has the obligation to compensate for any damage caused by excess of agreed delivery period. This is not applicable in case the ‘’Mall’’ could prove the reason was not due to negligence or intentional.
Article 14 (Refund)
The ‘’Mall’’ should promptly notify users about potential delay due to stock unavailability and refund or take measures to refund within 3 business days after deposit if payment has been made in advance
① Refunds are not acceptable after order dispatch unless product are faulty upon delivery including incorrectly shipped goods.
② If a customer requests invoice price reduction, refunds are not available in any circumstances.
③ If a parcel cannot be delivered due to logistical reasons or incorrect address provided by customer, only amount listed on parcel is refundable
Article 15 (subscription cancellation etc)
① According to Consumer Protection Act on E-commerce, users with purchase contract with ‘’Mall’’ are entitled to cancel subscription within 7 days since the contract content related sign date ( Date automatically refers to provision date or the starting provision date if commodity ETC provision is later than the sign date). Situations in which stipulations regarding to subscription cancellation differ from the act constantly apply the act
② Refund and exchanges are not possible in the following circumstances:
1. Situations that users should be responsible to the destruction and damage ( subscription cancellation is possible if packaging is damaged for commodities; content confirmation)
2. Noticeable decrease of commodity value due to use or partial consumption
3. Noticeable decrease of commodity value causing resale difficult due to exceeded delivery period
4. Damage of the original packaging in case commodities possess the same features and are reproducible
③ Subscription cancellation is not limited if the ‘’Mall’’ failed to indicate there is a limitation for the operation in concise way or take measures for the mistake of provision trial products in advance in the situation of Item 2 to 4, Clause 2
④ Despite stipulations of Clause 1 and 3, ‘’Users’’ are entitled to cancel subscription within 3 days from the commodities’ provision date and within 30 days from the date when the fact of different commodities
Article 16 (effect of subscription cancellation etc)
① “Mall”shall refund the commodities etc purchase etc price payment in the event that users initiate commodities etc return.“Mall”should pay users multiplied delay interest rate fixed in Clause 2, Article 21 of 「Enforcement Decree of the Act on consumer protection in electronic commerce」for the overdue period in case of return postponement.
②“Mall”should enlist corresponding payment methods providers to interrupt or cancel the claim of the commodities etc price without any delay supposing that“mall”should refund commodities etc price payment that users made through methods such as credit card or electronic currency.
③ Users shall be responsible for the necessary cost about commodity etc return in case of subscription cancellation. “Mall”shall not claim penal sum or loss compensation for subscription cancellation and other reasons from users. However, “mall”should pay the cost if subscription was cancelled for different commodity provision from indication/advertisement and different implementation of contract content.
④ “Mall”should make a clear indication about the delivery cost payer in a concise way in case of subscription cancellation if users paid shipping cost when purchasing commodities etc.
Article 17 (personal information protection)
① “Mall”is entitled to collect the least personal information in a necessary range for service provision.
②“Mall”shall not collect necessary information for purchase contract implementation in advance in the process of membership registration. However, this does not apply in case of the least particular information collection for the necessity of subject verification before purchase contract conclusion considering relevant legal obligation fulfillment
③ “Mall”shall notify corresponding users about the purpose and obtain approval before the collection and use of personal information.
④ “Mall”is not entitled to use collected information for other purposes and should reinform corresponding users of the purpose and obtain agreement at the phase of information use and provision in the event that new use purpose arise or information has to be provided to a third party. However, this does not apply if stipulations in relevant acts and decrees are different.
⑤ In case that users’approval needs to be obtained according to Clause 2 and Clause 3, “mall”should make a clear indication or notification in advance about facts stipulated in Clause 2, Article 22 of 「Promotion of Information and Communications Network Utilization and Information Protection Act」such as identity of person information manager (address, name, phone number, other contact ways), purpose of information collection and use, relevant facts of information provision about the third party (information receiver, purpose of provision and information content to be provided). Users are entitled to withdraw the approval at any time.
⑥ Users are entitled to request error correction and peruse about the information possessed by “mall” at any time and “mall”has the obligation to take necessary steps about these issues without any delay. Corresponding Information is not allowed to be used until correction finished in this case.
⑦ “Mall”should limit the number of information managers to the minimum considering information protection and takes full responsibility for users’ loss due to loss, theft, provision to a third party without permission and alteration etc of personal information including credit card, bank account etc.
⑧ “Mall”or the third party obtaining information provided by “mall”should quash corresponding information without delay on conditions that the purpose of information collection or receive was accomplished.
⑨ “Mall”shall not make default setting for the consent column on information collection/use/provision and shall make specific indication about service provision limitation if users reject personal information collection/use/provision. “Mall”shall not set limitation to or reject service provision such as membership registration etc although users decline unnecessary personal information collection/use/provision.
Article 18 (“mall”’s obligation)
① “Mall”should not behave against public order and customs or prohibited matters of this agreement and legislations and should dedicate best efforts to provide continual and stable commodities/service according to stipulations of this agreement.
②“Mall”is responsible to build the security system for users’personal information (credit information included) protection in order to provide users with safe internet service.
③ “Mall”should compensate for users’ loss in case of unreasonable indication/advertisement stipulated in Article 3 of 「Act on Fair Indication and Advertisement」regarding to commodities or service.
④“Mall”shall not send advertising E-mail to users on the purpose of earning benefits.
Article 19 (members’ obligation about ID and password)
① Members take responsibility for ID and password management excluding situations fixed in Article 17.
② Members are not entitled to enable a third party to use his/her ID and password.
③ Members shall immediately report to“mall”in case that ID and password was stolen and realized that a third party is using his/her account and shall also follow instructions if there is guidance provided by “mall”.
Article 20 (Users’ obligations)
Users are not allowed to perform the following behaviors
1. False content registration in application or modification
2. Theft of other persons’ information
3. Modification of information released by “mall”
4. Transmission and release of information (computer programmes etc) etc excluding those fixed by “mall”
5. Infringement of “mall”or other third parties’ copyrights such as intellectual property right
6. Behaviors of character defamation and business interference to “mall”and other third parties
7. Publishment and release of obscene or violent messages, images, audios and other information against to public order and customs at “mall”.
Article 21 (connection between linking“mall”and linked“mall” )
① Supposing that the upper “mall”connects the lower “mall”in the form of hyperlink (message, image and video included), the former is called linking “mall”(web site) while the latter is called linked“mall”(web site).
② Linking“Mall”shall not take guaranteed responsibility for the business on conditions that linking“mall”indicates the fact that linking“mall”is not responsible for businesses involving independent commodities etc provision that liked“mall”performed with users on linking “mall”’s starting page or windows poping up at the connecting time point.
Article 22 (copyright attribution and utilization limitations)
① Copyright and other intellectual property rights of works completed by “mall”revert to “mall”.
② Users are not allowed to duplicate, transmit, publish, distribute and broadcast information involving “mall”’s intellectual property rights among collected information using “mall”without approval on purpose of earning benefits and providing a third party.
③ “Mall”should inform corresponding users of the use of copyright according to the contract.
Article 23 (dispute settlement)
①“Mall”should reflect reasonable suggestions and complaints raised by users and should set up/operate a particular organization for managing compensation of users’loss.
② “Mall”should preferentially manage complaint issues and suggestions initiated by users. However, reasons should be notified to users in the situation that there is difficulty taking prompt measures.
③ Adjustment from Fair Trade Commission and a dispute regulating organ entrusted by mayors and governors is possible to be adapted in case that users applied loss relief regarding to disputes on electronic commerce with“mall”.
Article 24 (jurisdiction and proper law)
① Lawsuits regarding to electronic commerce disputes between “mall”and users adapt users’ current address’s local laws and should be assigned to the exclusive jurisdiction of the district court if users has merely a temporary living address. However, lawsuits should be attributed to the competent court stipulated by 「the Civil Procedure Code」in case of unclearness of users’address and temporary living address or foreign residents.
② Lawsuits concerning to electronic commerce raised between “mall”and users adapt South Korea Legislation.