User Agreement of Elysia Co.,Ltd

Article 1 (Purpose)

 

This Terms & Conditions is to set out rights, obligations and other responsible matters between the cyber mall and member when using the Internet related services (hereinafter referred to as “Service”) provided by Internet Shopping Mall (hereinafter referred to as “Mall”), operated by ELYSIA (hereinafter referred to as “Company”).

 

※ This Terms & Conditions shall also be applied to e-commerce using PC communication, wireless, etc. unless it is against the characteristics.

 

Article 2 (Definitions)

 

① “Mall” refers to a virtual place of business created by ELYSIA by using computer and other information technology facilities to provide the user with goods or services (hereinafter referred to as “Goods”) for trade and also refers to the business that operates the shopping  mall.

 

② “User” refers to a member and non-member that accesses “Mall” and uses the service provided by “Mall” in accordance with these Terms.

 

③ “Member” refers to any person that is registered with “Mall” as a member and entitled to continuously use the Services provided by “Mall”.

 

④ “Non-member” refers to any person that is not registered with “Mall” and uses the Services provided by “Mall”.

 

Article 3 (Statement, Explanation, and Amendments of Terms and Condition)

 

① “Mall” shall, for easier recognition by Users, display the contents of this Terms & Conditions, name of company and representative, address of the business place (including the address of the location where customer complaints are accepted), telephone number, facsimile transmission number, e-mail address, business registration number, e-commerce permit number, staff responsible for personal information management, etc. on the initial service page (front page) of “ELYSIA Cyber Mall” ; provided that the details of these Terms & Conditions may be made available to the User through a link.

 

② Prior to the User’s agreement of these Terms, “Mall” shall obtain User’s confirmation of material terms, including those related cancellation of purchase, liability for shipping, refunds, etc., by providing separate links or pop-up window before the User agrees to this Terms & Conditions for better understanding.

 

③ “Mall” may amend these Terms & Conditions to the extent that the amended Terms do not violate [Act on the Consumer Protection in Electronic Commerce, etc.], [Act on the Regulation of Terms and Conditions], [Framework Act on Electronic Transactions], [Digital Signature Act], [Act on Promotion of Information and Communications Network Utilization, etc.], [Act on Door-to-Door Sales, etc.], [Framework Act on Consumers] and other applicable laws and regulations.

 

④ In case when the “Mall” amends this Terms & Conditions, the applicable date and reason for amendment shall be specified and announced on the initial screen of the “Mall” together with the current terms from 7 days before the application date to the day before the effective date.Provided, if the Terms & Conditions is changed to have disadvantages to the Users, it shall be notified with the grace period of at least 30 days. In this case, the “Mall” shall compare the content before and after the revision clearly, and display it for the user’s convenience.

 

 

⑤ In case of amendments of the Terms & Conditions, it is applied only to the contracts signed after the effective date, and for the contracts signed already before the amendment, the existing Terms & Conditions is applied. However, when the User who already concluded a sales contract hopes to get the amended Terms & Conditions applied by transmitting its will to “Mall” and gets permission within the notice period according to the Clause 3, the amended provisions of these Terms & Conditions will apply.

 

⑥ Any matters not contained herein or the interpretation hereof shall be determined in accordance with the [Act on the Consumer Protection in the Electronic Commerce Transactions, etc.], the [Regulation of Standardized Contracts Act], the [Guideline on Consumer Protection in Electronic Commerce Transactions, etc.] set by the Fair Trade Commission, and other applicable laws and regulations or the generally accepted principles of commercial customs and practices.

 

Article 4 (Provision of Service and Change Therein)

① “Mall” shall provide the following Services:

  1. To provide the information on Goods or Services and execute a purchase agreement;
  2. To deliver Goods or Services under a purchase agreement; or
  3. To provide such other Services as determined by “Mall”

 

② “Mall” may change any Goods or Services to be provided under an agreement to be executed if such Goods or Services are sold out or affected by any change in technical specifications or otherwise.  In such case, “Mall” shall immediately notify the details of such change and the proposed date of provision on the same place where the details of the existing Goods or Services are posted.

 

③ If “Mall” changes any Service that is to be provided under an agreement with the User due to certain causes, including absence of stock and change in technical specifications of the Goods, “Mall” shall immediately give notice of such cause to the User at a reachable address.

 

④ If such change is made in accordance with above paragraph, “Mall” shall indemnify the User for any damage caused thereby, unless “Mall” proves the absence of intentional act or negligence on its side.

 

Article 5 (Suspension of Service)

 

① “Mall” may temporarily suspend the provision of Services upon occurrence of certain events, including maintenance check, replacement or failure of information technology facilities including computer or interruption of communication.

 

② “Mall” shall indemnify the User or a third party for any damage suffered due to the temporary suspension of the provision of Services as provided in accordance with Paragraph 1 of this Article, unless “Mall” proves the absence of intentional act or negligence on its side.

 

③ If “Mall” cannot provide Services due to change of business mode, abandonment of business, or consolidation of businesses or other causes, “Mall” shall inform the User as provided in accordance with Article 8 and compensate the User in accordance with the terms initially offered by “Mall”; provided that if “Mall” has failed to notify the compensation terms, “Mall” shall pay the User mileage points, etc. in cash or of kind equal to the value of currency used at “Mall”.

 

Article 6 (Membership Registration)

 

① The User may apply by entering his/her information in the form prepared by The “Mall” and then consenting to This Terms & Conditions.

 

② “Mall” shall register the User that files the application in accordance with Paragraph 1 of this Article as Member unless:

 

  1. the User has been previously disqualified as Member under Article 7.3 hereof, except as “Mall” accepts the re-subscription upon the lapse of three (③ years after the disqualification as Member under Article 7.3 hereof;
  2. there exists falsity, omission or clerical error in the registered information;
  3. the registration as Member is otherwise deemed to significantly impair the technology of “Mall”; or

 

③ The subscription for membership shall be made when “Mall”’s acceptance is delivered to the User.

 

④ If there are any changes in the information registered in the Paragraph 1 of the Article 15, Members shall notify “Mall” of the changes using electronic mail and other methods.

 

Article 7 (Membership Withdrawal and Disqualification)

 

① The Member may at any time apply for withdrawal from the membership program, and upon receipt of such application, “Mall” shall immediately take actions necessary for the withdrawal.

 

② “Mall” shall be entitled to limit the Members’ use of certain Services or disqualify the Member for a certain period of time if the Member:

 

  1. has registered false information upon application for subscription;
  2. has failed to pay, when due, the payment for Goods purchased through “Mall” or other obligations assumed by it in connection with the use of “Mall”;
  3. interferes with the use of “Mall” by a third party or appropriates its information, or otherwise threatens electronic commerce transactions;
  4. uses “Mall” to engage in any act prohibited by law or these Terms or in violation of good public order and morals;

 

③ “Mall” shall be entitled to disqualify the Member if any of acts set forth in Paragraph 2 of this Article has recurred twice or more or such act has failed to be cured within thirty (30) days following the limitation or suspension of qualification.

 

④ If “Mall” disqualifies a Member, “Mall” shall cancel the registration of the Member. In such case, the Member shall be given notice of cancellation and an opportunity to vindicate himself or herself for a period of time of at least thirty (30) days prior to the cancellation.

 

Article 8 (Notice to Member)

 

① Any notice given by “Mall” to the Member may be delivered by e-mail, if so agreed by the Member, to the e-mail address previously designated by “Mall”.

 

② Any notice given by “Mall” to many and unspecified Members may not be separately delivered and may be replaced by notice posted on the “Mall” board for one (1) week or more; provided that any notice that may have material impact on a particular Member’s transaction shall be separately given.

 

Article 9 (Application of Purchase)

 

① A User shall file an application for purchase in the following or similar manner at “Mall”, and “Mall” shall provide the following in an easy-to-understand manner to help the User file the application; Provided, the second to the fourth may not be applied for Members.

 

  1. search and selection of Goods;
  2. entry of full name, address, telephone number, e-mail address (or mobile phone number), etc.;
  3. confirmation of the Terms & Conditions hereof and terms related to any Services subject to limited right to withdraw from the subscription and the responsibility for costs, including shipping and installation costs;
  4. expression of agreement (by, for example, clicking the given box) to these Terms or confirmation or refusal of the terms described in Paragraph 3 of this Article;
  5. filing of an application for purchase of Goods or confirmation thereof, or agreement to confirmation by “Mall”
  6. selection of payment method

 

② In case “Mall” needs to provide the buyer’s personal information to a third party, the “Mall” shall notify buyers of 1) receiver of personal information, 2) the usage purpose of personal information, 3) items of provided personal information, 4) retention and utilization period of personal information by the receiver of personal information, and this shall be agreed by the buyer. (The same applies when agreed conditions are changed.)

 

③ In case “Mall” needs to consign task to handle the buyer’s personal information to a third party, “Mall” shall notify buyers of 1) consignee of personal information processing, 2) contents of personal information processing task, and this shall be agreed by the buyer. (The same applies when agreed conditions are changed.) Provided, it is necessary to perform contracts related to the provision of services and relevant to the improvement of buyer’s convenience, it can be notified in the Privacy Policy specified in the [Law Regarding the Promotion of Information and Communication Network Use and Protection of Information] without notice and agreement procedure.

 

 

Article 10 (Formation of Agreement)

 

① “Mall” may not accept the application for purchase filed in accordance with Article 9, if the application falls under any of the following; provided that “SSG.COM” shall notify that any agreement executed with a minor without consent from its legal representative may be cancelled by the minor and its legal representative:

  1. If there exists falsity, omission or clerical error in the application;
  2. If the minor purchases cigarette, liquor or other Goods or Services prohibited by the Juvenile Protection Act;
  3. If the acceptance of the application is deemed to significantly impair the technology of “Mall”;

 

② The agreement shall be deemed to be duly formed when “Mall”‘s acceptance is delivered to the User in the form of notice, return receipt requested, in accordance with Article 12.1 hereof.

 

③ “Mall”‘s expression of acceptance shall include the confirmation of the User’s application for purchase, the availability of Goods or Service to be purchased, the information on correction or cancellation of the application, etc.

 

Article 11 (Payment Method)

 

The allotted payment methods that can be used to purchase Goods on “Mall” are listed below. However, “Mall” cannot accept any payments where there are additional fees that will be charged for the use of payment method.

  1. Various account transfers such as phone banking, Internet banking, and e-banking
  2. Card payments such as prepaid card, debit card, credit card, etc.
  3. Online deposit
  4. Payments by electronic currencies
  5. Payments upon receipt
  6. Payments by points provided by “Mall”, such as mileage
  7. Payments by vouchers which the “Mall
    has contracts or recognizes
  8. Other electronic payment means, etc.

 

Article 12 (Return Receipt Requested Notice; Modification of Cancellation of Application for Purchase)

 

① Upon receipt of an application for purchase from the User, “Mall” shall give the User return receipt requested notice.

 

② Upon receipt of return receipt requested notice, the User may immediately request modification or cancellation of the application if there exists any discrepancy of communications, and “Mall” shall without delay handle the request if the request is made prior to the delivery. However, if payments are already made, procedures abide by regulations on Article 15 Cancellation of Purchase.

 

Article 13 (Supply of Goods)

 

① Unless otherwise stipulated with User herein in respect of the schedule for the supply of Goods, “Mall” shall take necessary measures to deliver the Goods within 7 days from the date of purchase such as customizing process, packaging, etc. Notwithstanding the foregoing, if “Mall” has received whole or partial payment for the Goods, measures shall be taken within 2 business days from the date of receipt of the payment.   At this time, “Mall” shall take necessary measures to allow the User to check the supply procedure and progress of the goods.

 

② “Mall” shall specify, for the goods purchased by a User, the delivery method, payer of delivery fees by method, delivery time by method, etc. If “Mall” exceeds the designated period of delivery, it shall compensate the User for damages, unless “Mall” proves the absence of intentional act or negligence on its side.

 

Article 14 (Refund)

 

“Mall” shall without delay inform the User of the unavailability of Goods of which the User applied for purchase due to absence of stock or other causes and take actions for refund of payment  within 3 business days from the date of receipt of the payment if payments are already made.

 

Article 15 (Cancellation of Purchase)

 

① The User who concluded the contract for the purchase of Goods with “Mall” may cancel the purchase within 7 days from the day receiving the Goods receipt confirmation.

 

② The User may not return or exchange Goods which he or she received through delivery in the event that;

  1. If the Goods delivered are lost or damaged due to customer’s mishandlings (If there is damage to the Goods while verifying the content through the packaging, excluded if only the packing is damaged for verification purposes).
  2. If the value of the Goods significantly decreases due to the User.
  3. If the value of the Goods for resale is difficult to process due to a significant passage of time.
  4. If the package has been undermined so that it cannot be resold and if the Goods may be reproduced to the Goods showing the same performance.

 

③ The cancellation of purchase by User shall not be limited if, in the case of Item 2 or Item 4 of Clause 2, “Mall” did not specify the fact that the cancellation of purchase is limited for easier recognition by consumer or not take necessary measures, such as supplying of a sample.

 

④ Notwithstanding Clause 1 and Clause 2, the User may cancel his or her purchase of Goods within 3 months from the date of receipt of the Goods or within 30 days from the date on which he or she recognized or could recognize that the contents of Goods to differ from the advertisement or the provision of contract.

 

Article 16 (Effect of Cancellation of Purchase)

 

① “Mall” shall refund the payment of paid Goods within three (3) business days when the User has returned the Goods. If “Mall” intentionally delays the refund of User’s Goods, the “Mall” shall pay the delay charge, which is calculated by multiplying the delay interest rate designated by Fair Trade Committee to the delayed period.

 

② “Mall” shall request the cancellation or refrainment of payment to the business providing the purchasing methods, without delay, when purchase of Goods has been made by credit card or other payment means such as electronic currency to refund User’s payment.

 

③ For cancellation of purchase, the burden of fee’s returning the delivered Goods falls onto the User. “Mall” do not fine compensation for damages or penalties for reasons such as cancelling purchase; provided that if the Goods content differs from indications/advertisements of the contracted content, therefore leading to cancellation of purchase, the return fee of Goods shall be paid by “Mall”

 

④ If the User has paid the delivery fee of the Goods, “Mall” shall definitely and easily comprehensibly notify who shall be burdened of the fees when cancellation of purchase occurs.

 

Article 17 (Protection of Privacy)

 

① In collecting information from the User, “Mall” shall collect the information to the least extent as required for the performance of the purchase agreement. Mandatory information is as follows, and information other than the following shall be optional.

  1. Name
  2. Date of Birth
  3. Address
  4. Telephone Number
  5. Preferred ID (For Members)
  6. Password (For Members)
  7. E-mail Address (or Mobile Telephone Number)

 

② In the event that “Mall” collects a User’s personal information, it must obtain the consent from the User.

 

③ Provided personal information shall not be provided to a third party for other purposes without consent of the User and “Mall” shall be solely responsible except for the following cases.

  1. Where minimal personal information of User (name, address, telephone number) necessary for delivery is provided to a shipper
  2. Where personal information is provided in a manner keeping a specific individual unidentifiable necessarily for such purposes as compiling statistics, academic research or market research;
  3. Where the information is required for the settlement of accounts for transactions such as Goods
  4. Where personal information is necessary for identity verification to prevent theft
  5. Where there is an unavoidable reason required by laws or statues

 

④ If “Mall” is required to obtain the User’s consent in accordance with Article 2 and Article 3, “Mall” shall in advance specify, or inform the User of, the identity of the staff responsible for personal information management (department, name, telephone number and other contact information), the purposes of collection and use, matters related to the provision of information to a third party (recipients, purpose of provision, information to be provided, etc.) and other matters required to be informed under Article 22(2) of the [Act on Promotion, etc. of Utilization of Information System, etc.], and the User may withdraw such consent at any time.

 

⑤ The User may at any time require “Mall” to make it accessible or correct the User’s personal information in “Mall”’s possession and “Mall” shall without delay take necessary actions. If the User requires correction of the information, “Mall” shall not use the relevant information until correction is made.

 

⑥ “Mall” shall minimize the number of officers to protect personal information and be solely responsible for any damage suffered by the User due to loss, robbery, leakage, forgery, etc. of the personal information, including credit card and bank account.

 

⑦ “Mall” or any third parties having receiving the personal information from “SSG.COM” shall without delay destroy the personal information when the purposes of collection or provision of the personal information are achieved.

 

Article 18 (Obligations of “Mall”)

 

① “Mall” shall not engage in any act prohibited by law or these Terms or in violation of good public order and morals and use its best efforts to provide Goods and Services in a continuous and stable manner as provided by these Terms.

 

② “Mall” shall have a security system in place to protect the personal information, including credit information, so that the User can use the Internet service in a safe manner.

 

③ “Mall” shall be responsible for the compensation to Users if it has caused damages to the Users by displaying or adding unjust or unreasonable advertisement for a certain product or Service in accordance with Article 3 of the「Act on Fair Indication and Advertisement」.

 

④ “Mall” shall not send any profit-making advertising e-mails against the User’s will.

 

Article 19 (Obligations for ID & Password of Members)

 

① The Member shall be responsible for the management of ID and password other than set forth in Article 17.

 

② The Member shall not permit a third party to use his or her ID and password.

 

③ The Member shall immediately inform “Mall” of robbery, a third party’s use of his or her ID, or password discovered and follow the “Mall”‘s instructions, if any.

 

Article 20 (Obligations of Users)

 

Users shall not:

  1. has registered false information upon application or charge;
  2. appropriate another person’s information;
  3. change the information posted on “Mall”;
  4. communicate or post any information, including computer programs, other than determined by “Mall”;
  5. infringe upon the “Mall”’s or a third party’s copyright or other intellectual property rights;
  6. take any action to bring disgrace on or interrupt the operation of “Mall” or a third party; or
  7. disclose or post immoral or violent messages, images, sounds or other information on “Mall” in violation of good public order and morals.

 

Article 21 (Relationship of Linking Website and Linked Website)

 

① If an upper-level “Mall” is connected to a lower-level “Mall” through a hyper link(including, for example, letters, pictures, moving images), the former is referred to as Linking “Mall” (Website) and the latter is referred to as Linked “Mall” (Website).

 

② If a Linking “Mall” declares on its initial screen or on a pop-up screen upon liking that it does not provide a guarantee for any transactions with the User in relation to those Goods independently provided by a Linked “Mall”, the Linking “Mall” shall assume no guarantee liability for such transactions.

 

Article 22 (Ownership and Usage Limitation of Copyrights)

 

① Copyrights and other intellectual property rights to any works produced by “Mall” shall be retained by “Mall”.

 

② The User shall not, without “Mall”‘s prior consent, use or cause a third party to use for profit-making purposes the information obtained from the use of “Mall” the copyright to which is retained by “Mall” through reproduction, communication, publication, distribution, broadcasting or other means.

 

③ “Mall” shall inform the User of the use of copyrights agreed to be retained by the User.

 

Article 23(Distribution of Revenues)

 

① When the “Mall” distributes the real estate revenue to the user, it distributes the revenue excluding the transaction gas cost of the password at that time.

 

Article 24 (Dispute Resolution)

 

① “Mall” shall install and operate a damage relief center to properly reflect legitimate comments or complaints filed by the User and compensate the resulting damage.

 

② “Mall” shall preferentially handle complaints or comments filed by the User; provided that if prompt handling is difficult, “Mall” shall immediately inform the User of the reasons for delay and the schedule for handling.

 

③ If the User files a petition for damage relief in relation to electronic commerce transactions between “Mall” and the User, the petition may be subject to mediation by such a dispute mediator as referred to by the Fair Trade Commission or the competent City or Do Government.

 

Article 25 (Jurisdiction and Governing Law)

 

① Any action in relation to a dispute arising from electronic commerce transactions between “Mall” and the User shall be brought to the district court having exclusive jurisdiction over the address, or if such address is not available, place of residence, of the User at the time of filing the action; provided that if the User’s address or place of residence is insufficient or the User resides overseas, the action shall be brought to the competent court under the Civil Procedure Act.

 

② Any action filed in relation to electronic commerce transactions between “Mall” and the User shall be governed by the laws of Korea.

Addenda (Enforcement Date) This Terms & Conditions shall be effective as of Oct 1, 2018.