Article 1 (Purpose)
The purpose of these Terms and Conditions is with respect to the use of the Internet related services (hereinafter referred to as “Services”) provided by the cyber shopping mall [ABYBOM (hereinafter referred to as “Mall”) operated by [ABYBOM] (hereinafter referred to as “Company”), to set forth the rights, obligations, and duties between the Company and users.
Article 2 (Definitions)
① “Mall” shall refer to a virtual business place established in order for users to make transactions for goods, etc. by using information communication facilities including computers to ensure that the Company provides users with goods or services (hereinafter referred to as “Goods, etc.”), and shall also refer to an enterpriser who operates a cyber mall.
② “Users” shall refer to members and non-members who get access to the “Mall” and receive the Services provided by the “Mall” under these Terms and Conditions.
③ “Members” shall refer to persons who have provided their personal information to the Company and registered their membership for the Services, and who can be continuously provided with information of the Services and continue to use the Services provided by the Company.
Article 3 (Posting and Modification of Terms and Conditions)
① The Company shall post the content of these Terms and Conditions, the Company’ s trade name, the name of its representative director, the address where its business place is located (including the address where complaints of consumers can be handled), telephone numbers, fax transmitter numbers, e-mail addresses, business registration numbers, the declaration number of communication sales business, the personal information manager, etc. on the start-up screen (the entire page) of the Services in order to ensure that users can easily see the information; provided, however, that the content of these Terms and Conditions may be made for users to see the content through the connected screens.
② The Company may request users of confirmation by providing a separate connection screen or pop-up screen to ensure that users can understand the important content, such as Withdrawal of Offer, Liability for Shipping, Conditions for Return, among the content set forth in these Terms and Conditions before users consent to these Terms and Conditions.
③ The Company may modify these Terms and Conditions to the extent that it does not violate relevant laws, including the Act Relating to Consumer Protection in Electronic Commercial Transactions, the Act Relating to Regulation of Contractual Terms and Conditions, the Electronic Transaction Basic Act, the Electronic Signature Act, the Act Relating to Information Protection for Information Communication Network Use Promotion, etc., the Act Relating to Door-to-Door Sales, the Consumer Protection Act.
④ In the event that the Company modifies these Terms and Conditions, it shall specify and post on the start-up screen for the Services the date of application and the reasons for modification together with the current Terms and Conditions from seven (7) days before the date of application; provided, however, that where these Terms and Conditions are modified unfavorably against the users, the content shall be notified with a prior grace period of at least no less than thirty (30) days. In this case, the Company shall specify the content before and after the modifications by clear comparison to ensure that users can easily see the content.
⑤ In the event that a user does not consent to the modified Terms and Conditions, the Company may block the use of the Services. If the user continues to use the Services, the user shall be deemed to have consented to the modifications of these Terms and Conditions.
Article 4 (Provision and Change of Services)
① The “Mall” performs the following tasks:
1. Provision of information on goods or services and conclusion of purchase contracts
2. Delivery of goods or services to which a purchase contract has been concluded
3. Other duties prescribed by the “Mall”
② “Mall” may change the contents of goods or services to be provided by a future contract in the event of a shortage of goods or services or a change in technical specifications. In this case, the contents of the changed goods or services and the date of delivery shall be specified and notified immediately to the place where the contents of the current goods or services have been posted.
③ If the contents of the service contracted with the user by the “Mall” are changed due to reasons such as out of stock, such as goods or changes in technical specifications, the reason shall be immediately notified to the user at an address that can be notified.
④ In the case of the preceding paragraph, “Mall” compensates for the damage caused by the user. However, this is not the case if “mall” proves that there is no intention or negligence.
Article 5 (Discontinuation of Service)
① The “Mall” may temporarily suspend the provision of services in the event of maintenance inspection, replacement, failure of communication, etc. of information and communication facilities such as computers.
② “Mall” shall compensate for damages incurred by the user or a third party due to the temporary suspension of the provision of the service for the reasons referred to in paragraph (1). However, this is not the case if the “mole” proves that it is not intentional or negligent.
③ In the event that the service cannot be provided due to the conversion of business items, abandonment of business, or integration between companies, “Mall” shall notify the user by the method prescribed in Article 8 and compensate the consumer according to the conditions originally provided in “Mall”. However, if the “mall” does not notify the compensation standard, etc., the user’s mileage or reserves shall be paid to the user in kind or cash corresponding to the currency value commonly used in the “mall”.
Article 6 (Membership registration
① The user applies for membership by filling in the membership information according to the subscription form set by “Mall” and expressing his/her intention to accept this agreement.
② “Mall” shall be registered as a member unless it falls under any of the following subparagraphs among users who have applied to join as a member as prescribed in paragraph (1).
1. Where an applicant for membership has previously lost his/her membership under Article 7(3) of this Agreement; provided, however, that this shall not apply where he/she has obtained approval for membership of “Mall” after three years have elapsed since he/she lost his/her membership under Article 7(3).
2. If there is a false, missing entry, or incorrect entry in the registration content;
3. In the case where it is deemed that registration as a member is significantly affected by the technology of the “mall;
③ The period of establishment of a membership contract shall be the time when the consent of the “mall” reaches the member.
④ If there is a change in the matters registered at the time of membership registration, the member shall notify the change to the “mall” within a considerable period of time by modifying the member information.
Article 7 (Withdrawal from membership and loss of qualification, etc.)
① The member may request withdrawal at any time from the “Mall” and the “Mall” shall immediately process the withdrawal of the member.
② Where a member falls under any of the following grounds, the “mall” may restrict and suspend his/her membership:
1. If false information is registered when applying for membership;
2. Where a member fails to pay the amount of goods, etc. purchased using the “mall” or other debts borne by the member in connection with the use of the “mall” on the due date;
3. In the event of a threat to the order of e-commerce, such as obstructing the use of other people’s “mall” or stealing the information;
4. In the case of using “mall” to prohibit laws and regulations or these terms and conditions or to act contrary to public order and good manners;
③ If the same act is repeated more than twice after the “mole” restricts or suspends its membership, or the reason is not corrected within 30 days, the “mole” may lose its membership.
④ If “mall” loses its membership, the membership registration is canceled. In this case, the member shall be notified of this, and an opportunity to clarify for a period of at least 30 days before the membership registration is given.
Article 8 (Notice to Members)
① If “Mall” gives notice to a member, it may be made to the e-mail address designated by the member in advance with “Mall”.
② “Mall” may be substituted for individual notifications by posting on the “Mall” bulletin board for at least one week in the case of notification to an unspecified number of members. However, individual notification is given for matters that have a significant impact on the member’s own transaction.
Article 9 (Application for purchase and consent to provide personal information, etc.)
① The “Mall” user applies for purchase on the “Mall” by the following or similar means, and the “Mall” shall provide each of the following information in an easy-to-understand manner when the user applies for purchase.
1. Search and select goods, etc
2. Enter the recipient's name, address, phone number, e-mail address (or mobile phone number), etc
3. Confirmation of the details of the terms and conditions, services that restrict subscription withdrawal rights, and the burden of shipping and installation costs
4. An indication that you agree to these terms and conditions and confirm or reject the matters in subparagraph 3. above
(Yes, mouse click)
5. Application for purchase of goods, etc., and consent to confirmation or confirmation of "mall"
6. Selection of payment method
② If "Mall" needs to provide the buyer's personal information to a third party, 1) the person receiving the personal information, 2) the purpose of using the personal information, 3) the items of the personal information provided, and 4) the period of use of the person receiving the personal information. (The same applies if the agreed changes.)
③ When "Mall" entrusts a third party with the business to handle the buyer's personal information, it shall inform the buyer of the details of the business entrusted with the handling of personal information, and obtain consent. (The same shall apply if the consent is changed.) However, if it is necessary for the execution of the contract for service provision and the convenience of buyers, it is not necessary to notify through the personal information handling policy as prescribed by the Information and Communication Network Utilization Promotion and Information Protection Act.
Article 10 (Establishment of a Contract)
① "Mall" may not accept an application for purchase as in Article 9 if it falls under any of the following subparagraphs. However, in the case of signing a contract with a minor, it must be notified that the minor himself or his legal representative can cancel the contract unless he obtains the consent of the legal representative.
1. If there is a false, missing entry, or incorrect entry in the application;
2. Where a minor purchases goods and services prohibited by the Juvenile Protection Act, such as tobacco and liquor;
3. Other cases where it is deemed that consent to the purchase application is significantly impaired in terms of "mall" technology;
② The contract shall be deemed to have been established at the time when the consent of "Mall" reaches the user in the form of confirmation of receipt under Article 12 (1).
③ The expression of consent of the "mall" shall include information on the confirmation of the user's purchase application, availability of sale, cancellation of correction of the purchase application, etc.
Article 11 (Payment method)
The payment method for goods or services purchased at the "Mall" may be made by any of the following methods: However, "mall" cannot be collected by adding any nominal fee to the price of goods, etc. for the user's payment method.
1. Transfer various accounts such as phone banking, Internet banking, and mail banking
2. Payment of various cards such as prepaid card, debit card, and credit card
3. Online deposit without bankbook
4. Payment by electronic money
5. Payment upon receipt
6. Payment based on points paid by "mall" such as mileage
7. Payment by gift certificate signed with "Mall" or recognized by "Mall"
8. Other payment by electronic payment method, etc
Article 12 (Notification of receipt confirmation, change and cancellation of purchase application)
① "Mall" notifies the user of receipt confirmation when a user requests a purchase.
② If there is a discrepancy in the expression of intention, the user may request the change or cancellation of the purchase application immediately after receiving the confirmation notice, and "mall" shall be processed according to the request without delay if requested by the user before delivery. However, if the payment has already been made, it shall be in accordance with the provisions on the withdrawal of subscription, etc. in Article 15.
Article 13 (Supply of Goods, etc.)
① Unless there is a separate agreement with the user on the timing of supply of goods, "Mall" shall take necessary measures such as custom-made, packaging, etc. so that goods can be delivered within seven days from the date of subscription by the user. However, if "Mall" has already received all or part of the price of goods, etc., measures shall be taken within three business days from the date of receiving all or part of the price. At this time, "Mall" takes appropriate measures to ensure that users can check the supply procedures and progress of goods, etc.
② "Mall" specifies the means of delivery, the person responsible for the delivery cost by means, and the delivery period by means for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, the user shall be compensated 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)
"Mall" shall notify the user of the reason if the goods, etc. requested by the user cannot be delivered or provided due to out of stock, etc. and refund or take necessary measures within three business days from the date of receipt of the payment in advance.
Article 15 (Withdrawal of subscription, etc.)
① A user who has signed a contract with "Mall" on the purchase of goods, etc. may withdraw his/her subscription within seven days from the date on which he/she receives a document on the details of the contract under Article 13 (2) of the Act on Consumer Protection in e-commerce, etc. (meaning the date on which the supply of goods, etc. begins). However, if there are other provisions in the Act on Consumer Protection in E-Commerce, etc. regarding the withdrawal of subscription, the provisions of the same Act shall be followed.
② Users shall not return or exchange goods, etc. in cases falling under any of the following subparagraphs when they receive goods, etc.
1. If goods, etc. are lost or damaged due to reasons responsible to the user (however, if packaging, etc. is damaged to check the contents of goods, etc., the subscription may be withdrawn)
2. Where the value of a good, etc. is significantly reduced due to the use or partial consumption of the user;
3. Where the value of goods, etc. has significantly decreased to the extent that reselling is difficult over time;
4. Where a product with the same performance can be reproduced, and the packaging of the original product is damaged
③ In the case of paragraphs 2 through 4, users' withdrawal of subscription is not restricted unless "mall" has specified in advance where it is easy for consumers to know that withdrawal of subscription is restricted or provided with trial products.
④ Notwithstanding the provisions of paragraphs (1) and (2), if the contents of goods, etc. are different from the contents of the advertisement or the contents of the contract, the user may withdraw the subscription within three months from the date of receiving the goods, or within 30 days from the date of knowing the fact.
Article 16 (Effect of withdrawal of subscription, etc.)
① "Mall" refunds the payment of goods, etc. already paid within three business days when goods, etc. are returned from the user. In such cases, when "mall" delays the refund of goods, etc. to the user, the delayed interest calculated by multiplying the delayed interest rate prescribed in Article 21-2 of the Enforcement Decree of the Consumer Protection Act on e-commerce, etc. shall be paid.
② "Mall" requests the business operator who provided the payment method to stop or cancel the claim for the payment of the goods, etc. without delay when the user pays the payment by a payment method such as credit card or electronic money.
③ In the case of withdrawal of subscription, the user shall bear the expenses necessary for the return of the supplied goods, etc. "Mall" does not claim a penalty or compensation for damages to the user due to withdrawal of the subscription. However, if the contents of the goods, etc. are different from the contents of the display and advertisement, or if the subscription is withdrawn due to the different contents of the contract, the "mall" shall bear the expenses necessary for the return of the goods, etc.
④ If a user bears the shipping cost when receiving goods, etc., the "Mall" clearly indicates who bears the cost when withdrawing the subscription so that it is easy for the user to know.
Article 17 (Personal Information Protection)
① The "Mall" collects the minimum amount of personal information to the extent necessary for providing services when collecting user personal information of users.
② "Mall" does not collect information necessary for the execution of purchase contracts in advance when signing up for membership. However, this is not the case when identification is required before the purchase contract in order to fulfill the obligations under the relevant laws and regulations, and when the minimum specific personal information is collected.
③ When collecting and using the user's personal information, "mall" notifies the user of the purpose and obtains consent.
④ The "Mall" shall not use the collected personal information for any purpose other than the purpose, and if a new purpose of use occurs or is provided to a third party, the purpose is notified to the relevant user and consent is obtained. However, exceptions are made if there are other provisions in the relevant laws and regulations.
⑤ Where "Mall" requires the consent of the user pursuant to paragraphs (2) and (3), the person in charge of personal information management shall specify or withdraw the consent of Article 22 (2) of the Information Network Promotion and Information Protection Act, such as the identity of the person in charge.
⑥ Users can request access to their personal information held by "Mall" at any time and correct errors, and "Mall" is obligated to take necessary measures without delay. If a user requests correction of an error, "Mall" does not use the personal information until the error is corrected.
⑦ In order to protect personal information, "Mall" shall limit the person handling the user's personal information to a minimum, and shall be fully responsible for the loss, theft, leakage of the user's personal information, including credit cards, bank accounts, etc.
⑧ When the "mall" or a third party who has received personal information has achieved the purpose of collecting or providing personal information, the personal information shall be destroyed without delay.
⑨ "Mall" does not set the consent column for the collection, use, and provision of personal information to preselected. In addition, it specifies services that are restricted when users refuse to agree to collect, use, or provide personal information, and does not restrict or refuse to provide services such as membership because users refuse to agree to collect, use, or provide personal information.
Article 18 (Obligation of "Mall")
① "Mall" shall do its best to provide goods and services continuously and stably as prescribed by these Terms and Conditions, not to act contrary to laws and regulations prohibited or contrary to public order and good manners.
② "Mall" shall have a security system for the protection of users' personal information (including credit information) so that users can use Internet services safely.
③ If a user suffers damage due to unfair labeling and advertising activities prescribed in Article 3 of the Act on Fair Labeling and Advertising for goods or services, he/she shall be liable for compensation.
④ "Mall" does not send advertising e-mails for profit that users do not want.
Article 19 (Obligation for the ID and password of a member)
① Except in the case of Article 17, the member is responsible for managing the ID and password.
② Members should not allow third parties to use their IDs and passwords.
③ If a member recognizes that his or her ID and password have been stolen or used by a third party, he or she should immediately notify the "mall" and follow the "mall" guidance if any.
Article 20 (User's Obligation) Users shall not
1. Register false information when applying or changing
2. Stealing other people's information
3. Change of information posted in "Mall"
4. Transmission or posting of information (computer programs, etc.) other than the information specified by "Mall"
5. Infringement of intellectual property rights such as copyrights of "mall" and other third parties
6. "Mall" or other acts that damage the reputation of a third party or interfere with its business;
7. Disclosure or publication of obscene or violent messages, images, voices, or other information contrary to public and private morals in the mall
Article 21 (Relationship between "Mall" and "Mall" to be connected)
① If the high rank "mall" and the low rank "mall" are linked by a hyperlink (for example, the target of the hyperlink includes letters, pictures, and fairy tales), the former is called the linked "mall" (website) and the latter is called the linked "mall" (website).
② Connection "Mall" shall not be liable for guarantee for transactions made by the connected "Mall" independently by goods, etc. provided by the connected "Mall" or the pop-up screen at the time of connection.
Article 22 (Restriction on the attribution and use of copyrights)
① Copyright and other intellectual property rights for works created by "Mall" belong to "Mall".
② The user shall not reproduce, transmit, publish, distribute, broadcast, or allow third parties to use information attributed to intellectual property rights among the information obtained by using "mall" without prior consent of "mall".
③ "Mall" shall notify the user of the copyright attributed to the user under the agreement.
Article 23 (Dispute Resolution)
① The "Mall" shall establish and operate a damage compensation processing apparatus to reflect legitimate opinions or complaints raised by users and to compensate for the damage.
② "Mall" deals with complaints and opinions submitted by users first. However, if it is difficult to process quickly, we will immediately notify the user of the reason and the processing schedule.
③ In the event of a user's application for damage relief in connection with an e-commerce dispute between the "Mall" and the user, it may be subject to the mediation of the Fair Trade Commission or the dispute settlement agency commissioned by the city or provincial governor.
Article 24 (Jurisdiction and Applicable Law)
① Litigation regarding 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, it shall be under the exclusive jurisdiction of the district court having jurisdiction over the residence. However, if the address or residence of the user is not clear at the time of filing, or if the resident is a foreign resident, it is filed with the competent court under the Civil Procedure Act.
② Korean law applies to e-commerce lawsuits filed between "Mall" and users.