uses standard terms and conditions deliberated by the Fair Trade Commission.
Fair Trade Commission Standard Terms and Conditions No. 10023
Article 1 (Purpose)
The purpose of these terms and conditions is to define the rights, duties and responsibilities of the Cyber Mall and users in using Internet-related services (hereinafter referred to as "services") provided by the House of Lynn Inc. Cyber Mall (hereinafter referred to as "Mall") operated by House of Lynn Inc. (E-commerce business operator)
※「these terms and conditions apply mutatis mutandis to e-commerce transactions using PC communication, wireless, etc.」
Article 2 (Definition)
- “Mall” refers to a virtual business place set up by House of Lynn Inc. so that goods etc. can be traded using information and communication facilities such as computers in order to provide goods or services (hereinafter referred to as "goods, etc.") to users. It is also used in the sense of a business operator operating a cyber mall.
- “User” refers to members and non-members who access the “mall” and receive the services provided by the “mall” in accordance with these terms and conditions.
- “Member” refers to a person who has signed up as a member by providing personal information to the “mall”, who continuously receives the information of the “mall” and can continuously use the services provided by the “mall”.
- “Non-member” refers to a person who uses the services provided by the “mall” without signing up as a member.
Article 3 (Specification, explanation and revision of terms and conditions)
- “Mall” posts the contents of these Terms and Conditions, the name of the company and CEO, the address of the business office (including the address of the place where consumer complaints can be handled), phone number, parent company transmission number, e-mail address, business registration number, mail order business report number, personal information manager, etc. on the initial service screen (front) of 00 Cyber Mall so that users can easily know. However, the users can view the contents of the terms and conditions through the connection screen.
- Before the user agrees to the terms and conditions, “Mall” shall obtain user’s confirmation by providing a separate connection screen or pop-up screen so that users can understand important details such as withdrawal of subscription, delivery responsibility, and refund conditions among the contents stipulated in the terms and conditions.
- “Mall” may revise these Terms and Conditions within the scope of not violating related laws such as the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Basic Act on Electronic Transactions, the Electronic Signature Act, the Act on Promotion of Information and Communication Network Utilization, the Act on Door-to-Door Sales, and the Consumer Protection Act.
- If “mall” revises the terms and conditions, the date of application and the reason for the revision shall be specified and announced on the initial screen of the mall along with the current terms and conditions from 7 days before the effective date to the day before the effective date.
However, if the terms and conditions are changed against users, it shall be notified with a grace period of at least 30 days. In this case, "mall" shall clearly compare the contents before and after the revision and display them so that users can understand them easily.
- If “mall” revises the terms and conditions, the revised terms and conditions are applied only to contracts concluded after the effective date, and the terms and conditions before the revision are applied to contracts already concluded before that date. However, if a user who has already signed a contract sends the intention to be subject to the revised terms and conditions to "mall" within the notice period of the revised terms and conditions pursuant to Paragraph 3, the revised terms and conditions apply.
- Matters not specified in these terms and conditions and interpretation of these terms and conditions shall be in accordance with the Act on Consumer Protection in Electronic Commerce, the Act on Regulation of Terms and Conditions, the Consumer Protection Guidelines in Electronic Commerce, etc. set by the Fair Trade Commission and related laws or commercial practices.
Article 4 (Provision and Change of Service)
“Mall” shall perform the following tasks.
- Providing information on goods or services and signing purchase contracts
- Delivery of goods or services based on a purchase contract
- Other tasks determined by “mall”
- In the event of a product or service being sold out or technical specifications changed, “mall” may change the contents of the goods or services to be provided by the contract to be concluded. In this case, the contents of the changed goods or services and the date of provision shall be specified and immediately notified where the contents of the current goods or services are posted.
- If the contents of the service contracted with the user to be provided by “mall” are changed for reasons such as out of stock or change in technical specifications, the reason shall be immediately notified to the address where the user can be notified.
- In the case of the preceding paragraph, “mall” shall compensate the user for damages caused by this. However, this is not the case if “mall” proves that there is no intention or negligence.
Article 5 (Suspension of Services)
- “Mall” may temporarily suspend the provision of services in the event of maintenance, inspection, replacement or breakdown of information and communication facilities such as computers, or disruption of communication.
- “Mall” shall compensate users or third parties for damages due to the temporary suspension of the service for the reasons in paragraph 1. However, this is not the case if “mall” proves that there is no intention or negligence.
- In the event that the service cannot be provided due to the conversion of business items, abandonment of business, integration between companies, etc., “mall” shall notify the user in the manner specified in Article 8 and compensate consumers according to the conditions initially suggested by “all”. However, if failing to notify the criteria for compensation, etc., “mall” shall pay users’ mileage or e-Money to the userss in kind or in cash equivalent to the currency value used in “mall”
Article 6 (Membership)
- The user shall apply for membership by expressing his/her intention to agree to these terms and conditions after filling in the member information according to the membership form set by “mall”.
“Mall” shall register users who have applied for membership as described in Paragraph 1 as members, unless they fall under any of the following:
- If the applicant for membership has previously lost membership status pursuant to Article 7 (3) of these Terms and Conditions. However, exceptions are made in cases where 3 years have elapsed after the loss of membership pursuant to paragraph 7 (3) and those obtained approval for membership re-registration of “mall”.
- In the case of false information, omission, or mistake in the registration details
- If it is judged that registering as a member is significantly hindered due to the technology of “mall”
- The membership contract is deemed established when the approval of “mall” reaches the member.
- If there is a change in the registration information pursuant to Article 15 (1), the member shall immediately notify “mall” of the change by e-mail or other means.
Article 7 (member withdrawal and disqualification, etc.)
- Members may request withdrawal from "mall" at any time, and "mall" shall handle withdrawal immediately.
If a member falls under any of the following, “mall” may limit or suspend membership.
- If false information is registered at the time of application for membership
- If the member does not pay the price of goods purchased using “mall” or debts borne by the member in connection with the use of the “mall” on the due date
- Threatening the order of e-commerce such as interfering with other people's use of “mall” or stealing the information
- When using “mall” to do an act prohibited by laws or these terms and conditions, or against public order and morals
- After “mall” restricts and suspends membership, if the same action is repeated more than two times or the reason is not corrected within 30 days, “mall” may disqualify the member
- If “mall” disqualifies membership, membership will be cancelled. In this case, the member shall be notified and given an opportunity to explain at least 30 days before cancellation of membership.
Article 8 (Notification to Members)
- When “mall” notifies the member, it may be made to the e-mail address specified by prior agreement between the member and “mall”.
- In the case of notification to unspecified members, “mall” may replace individual notifications by posting on “mall” bulletin board for more than one week. However, individual notifications shall be given for matters that have a significant impact on the member's transaction.
Article 9 (Application for Purchase)
“Mall” users shall apply for purchase on “mall” by the following or similar method, and “mall” shall provide each of the following information in an easy-to-understand manner when the user applies for purchase. However, if you are a member, the application of items 2 – 4 may be excluded.
- Search and selection of goods, etc.
- Input of name, address, phone number, e-mail address (or mobile phone number), etc.
- Confirmation of the contents of the terms and conditions, the service for which the right to withdraw subscription is restricted, the cost of delivery, installation, etc.
- Indication of agreeing to these terms and conditions and confirming or rejecting the matters in above item 3 (e.g, mouse click)
- Application for purchase of goods, etc. and confirmation of this or consent to confirmation of “mall”
- Choice of payment method
Article 10 (Conclusion of Contract)
“Mall” may not accept the purchase request as described in Article 9 if it falls under any of the following. However, in the case of signing a contract with a minor, it shall be notified that the minor or legal representative may cancel the contract if the consent of the legal representative is not obtained.
- In case there is false information, omission, or mistake in the application
- When a minor purchases goods and services prohibited by the Youth Protection Act, such as cigarettes and alcohol
- If it is determined that acceptance of other purchase applications is significantly hindered due to the technology of “mall”
- The contract is deemed to have been concluded when the consent of “mall” reaches the user in the form of receipt confirmation notification in Article 12 (1).
- The indication of acceptance of “mall” shall include information on confirmation of the user's purchase application, availability of sale, correction of the purchase application, etc.
Article 11 (Payment Method)
The goods or services purchased at “mall” may be paid by any of the following methods. However, “mall” may not additionally collect any nominal fees to the price of goods, etc. for the user's payment method.
- Various account transfers such as phone banking, internet banking, and mail banking
- Various card payments such as prepaid card, debit card, credit card, etc.
- Online deposit without a bankbook
- Payment by electronic money
- Payment upon receipt
- Payment by points paid by “mall” such as mileage
- Payment by voucher contracted with “mall” or recognized by “mall”
- Payment by other electronic payment methods, etc.
Article 12 (Notice of Receipt Confirmation, Change and Cancellation of Purchase Application)
- “Mall” shall notify the user of receipt confirmation when there is a purchase request from a user.
- The user who received the receipt confirmation may request change or cancellation of the purchase application immediately after receiving the receipt confirmation if there is a discrepancy in the expression of intention, and “mall” shall respond to the request without delay if there is a request from the user before delivery, However, if the payment has already been made, the provisions on withdrawal of subscription in Article 15 shall be followed.
Article 13 (Supply of Goods, etc.)
- “Mall” shall take other necessary measures, such as order production, packaging, etc., so that the goods etc. may be delivered within 7 days from the date of the user's subscription, unless there is a separate agreement with the user regarding the timing of supply of goods etc. However, having already received all or part of the payment for goods, etc., “mall” shall take action within 2 business days from the date of receiving all or part of the payment. At this time, “mall” shall take appropriate measures so that the user can check the supply procedure of the goods etc. and progress.
- “Mall” shall specify the delivery method, the person responsible for delivery cost by method, and delivery period by method for the goods purchased by the user. If exceeding the contract delivery period, “mall” shall compensate the user for the damage caused by it. However, this is not the case if “mall” proves that there is no intention or negligence
Article 14 (Refund)
When the goods requested by the user for purchase may not be delivered or provided due to reasons such as out of stock, “mall” shall notify the user of the reason without delay and, in the case of receiving payment for goods, etc. in advance, “mall” shall refund or take necessary measures for refund within 2 business days from the date of receipt of the payment.
Article 15 (Withdrawal of Subscription, etc.)
- Users who have signed a contract for the purchase of goods etc. with “mall” may withdraw their subscription within 7 days from the date of receiving the notification of receipt confirmation.
Having received goods, etc., the user may not return or exchange if it falls under any of the following.
- If the goods, etc., are lost or damaged for reasons attributable to the user (however, if the packaging is damaged to check the contents of the goods etc., the subscription may be withdrawn)
- When the value of goods, etc. has significantly decreased due to the use of users or partial consumption
- If the value of goods, etc. has decreased significantly over time to the extent that resale is difficult.
- If it is possible to reproduce the product with the same performance, etc. or if the packaging of the original product, etc. is damaged
- In the case of paragraph 2 (2-4), the user's subscription withdrawal is not restricted if “mall” does not specify the fact that the subscription withdrawal is restricted in advance, etc. in a place where consumers can easily notice, or does not take measures such as providing trial products,
- Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the goods etc. are different from those of the display or advertisement or the contents of the contract are performed differently, the user may withdraw the subscription within 3 months from the date of receiving the relevant goods, etc., within 30 days from the date when he/she knew or may know the fact.
Article 16 (Effect of Withdrawal of Subscription, etc.)
- “Mall” refunds the money for the goods etc. already paid within 3 business days when the goods are returned from the user. In this case, when “mall” delays the refund of goods, etc. to the user, the delayed interest calculated by multiplying the delayed interest rate determined and notified by the Fair Trade Commission shall be paid for the delayed period.
- In refunding the above price, when the user pays for goods by means of payment, such as credit card or electronic money, "mall" shall request the business operator who provided the means of payment to stop or cancel the billing for the goods etc. without delay.
- In the case of withdrawal of subscription, the user shall be responsible for the costs necessary for returning the goods received. “Mall” does not claim penalty or damages to the user for reasons such as withdrawal of subscription etc. However, if the subscription is withdrawn because the contents of the goods etc. are different from those of the display or advertisement or the contents of the contract are performed differently, “mall” shall bear the expenses necessary for the return of the goods etc.
- If the user paid the shipping cost when receiving goods, etc., “mall” shall clearly indicate who will bear the cost when withdrawing the subscription so that the user can easily understand.
Article 17 (Personal Information Protection)
“Mall” shall collect the minimum information necessary for the fulfillment of the purchase contract when collecting user information. The following items are required, and other items are optional.
- Resident registration number (for members) or alien registration number
- Phone number
- Desired ID (for members)
- Password (for members)
- E-mail address (or mobile phone number)
- When collecting personal information that can identify the user, “mall” shall obtain the user's consent.
The provided personal information may not be used for other purposes or provided to a third party without the consent of the user, and “mall” shall take all responsibility for this. However, exceptions are made in the following cases:
- In the case of providing the minimum user information (name, address, phone number) necessary for delivery to the delivery company for delivery
- When it is provided in a form that cannot identify a specific individual for statistical writing, academic research, or market research
- When it is necessary for the settlement of payment for transactions of goods etc.
- When it is necessary for identification to prevent theft
- When there is an unavoidable reason required by provisions of laws or by laws
- If “mall” needs to obtain the consent of the user pursuant to paragraphs 2 and 3, the identity of the person in charge of personal information management (affiliation, name and phone number, other contact information), it shall specify or notify the matters stipulated in Article 22 (2) of the Act on Promotion of Information and Communication Network Utilization, etc. in advance, such as identity of the person in charge of personal information management (affiliation, name and phone number, other contact information), the purpose of collecting and using information, and matters related to provision of information to a third party (recipient, purpose of provision, and contents of the information to be provided), and and the user may withdraw this consent at any time.
- A user may at any time request for viewing and correction of errors in their personal information possessed by “mall”, and “mall” is obligated to take necessary measures without delay. If the user requests correction of an error, “mall” shall not use the personal information until the error is corrected.
- “Mall” shall minimize the number of managers to protect personal information, and take all responsibility for any damages to users due to the loss, theft, leakage, or alteration of the user's personal information, including credit cards and bank accounts.
- “Mall” or a third party who has received personal information from it shall destroy the personal information without delay when achieving the purpose of collecting or receiving personal information
Article 18 (Obligations of “Mall”)
- “Mall” shall not do an act prohibited by laws or these terms and conditions, or against public order and morals, and shall do its best to provide goods and services consistently and reliably in accordance with these terms and conditions.
- “Mall” shall have a security system to protect users' personal information (including credit information) so that users can use Internet services safely.
- “Mall” shall be responsible for compensating the user for damages caused by unreasonable indication or advertisement prescribed in Article 3 of the 「Act on Fair Indication and Advertisement」 for goods or services.
- “Mall” shall not send commercial e-mails for commercial purposes that users do not want.
Article 19 (Obligation for Member's ID and Password)
- Members are responsible for managing their ID and password, except in the case of Article 17.
- Members shall not allow a third party to use their ID and password.
- If a member realizes that his / her ID and password have been stolen or used by a third party, he/she shall immediately notify “mall” and follow the instructions of “mall”.
Article 20 (User's Obligations)
The user shall not conduct the following.
- Registration of false information when applying or changing
- Theft of information from others
- Change of information posted on “mall”
- Transmission or posting of information (computer programs, etc.) other than the information set by “mall”
- Infringement of intellectual property rights such as copyright of “mall” and other third parties
- Acts that damage the reputation of “mall” or other third parties or interfere with business
- Acts that disclose or post obscene or violent messages, images, voices, and other information contrary to public order and morals
Article 21 (Relationship between Linking “Mall” and Linked “Mall”)
- When upper “mall” and lower “mall” are connected by a hyperlink (eg, text, pictures, and moving images are included in the hyperlink), the former is called linking “mall” (website) and the latter is called linked “mall” (website).
- If specifying that linking “mall” is not responsible for guaranteeing transactions with the user for goods etc. provided by linked “mall” independently on the initial screen of linking “mall” or the pop-up screen at the time of link, it does not take any warranty liability for the transaction.
Article 22 (Reversion of Copyright and Restrictions on Use)
- Copyrights and other intellectual property rights for works created by “mall” belong to “mall”.
- The user shall use the information obtained by using“m all” for commercial purposes by copying, transmitting, publishing, distributing, broadcasting, or other methods without prior consent of “mall” without prior consent of “mall” or shall not allow a third party to use it.
- If using the copyright belonging to the user according to the agreement, “mall” shall notify the user.
Article 23 (Dispute Resolution)
- “Mall” shall install and operate a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and to compensate for the damage.
- “Mall” shall first take care of complaints and opinions submitted by users. However, if prompt processing is difficult, the user shall be notified of the reason and processing schedule immediately.
- In the case of a user's request for damage relief in connection with the e-commerce dispute between the “mall” and the user, it may be subject to mediation by the Fair Trade Commission or the dispute mediation agency requested by the Mayor/Governor.
Article 24 (Jurisdiction and Governing Law)
- Lawsuits concerning e-commerce disputes between “mall” and users shall be based on the address of the user at the time of filing, and if there is no address, the district court that has jurisdiction over the place of residence shall be the exclusive jurisdiction. However, if the address or residence of the user is not clear at the time of filing, or if the user is a foreign resident, it shall be filed to the competent court under the Civil Procedure Act.
- Korean law applies to e-commerce lawsuits filed between “mall” and users.