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Agreememt

Agreememt

Agreememt

This template is provided by the Korea Fair Trade Commission as a standard e-commerce agreement form. Please note that some modifications may be required depending on the operation type of your online store. Before applying it to your site, review your business operation conditions and relevant laws to ensure proper adaptation.

Article 1 (Purpose)

These Terms and Conditions are intended to define the rights, obligations, and responsibilities between the cyber mall operated by Chungwoo F&B Co., Ltd. (hereinafter referred to as the “Mall”) and the users, in relation to the use of Internet-based services (hereinafter referred to as the “Services”) provided through the Mall.

※ These Terms shall also apply, to the extent that their nature does not conflict, to electronic commerce conducted via PC communication, wireless devices, or other similar means.

Article 2 (Definitions)
  1. “Mall” means a virtual business place established by Chungwoo F&B Co., Ltd. using computers or other information and communication facilities to enable users to trade goods or services (hereinafter referred to as “Goods, etc.”). The term also refers to the business operator that manages the cyber mall.
  2. “User” means a person who accesses the Mall and receives the Services provided by the Mall in accordance with these Terms, including both members and non-members.
  3. “Member” means a person who has registered as a member of the Mall and can continuously use the Services provided by the Mall.
  4. “Non-member” means a person who uses the Services provided by the Mall without registering as a member.
Article 3 (Display, Explanation, and Amendment of the Terms)
  1. The Mall shall display these Terms, the company name and representative, business address (including the address for handling consumer complaints), telephone number, fax number, e-mail address, business registration number, mail-order business report number, and personal information manager in an easily accessible location on the initial screen of the Mall’s website. However, the detailed contents of the Terms may be made available through a linked page.
  2. Before users agree to these Terms, the Mall shall provide a separate screen or pop-up page to ensure users can easily understand important matters such as withdrawal of offer, shipping responsibility, and refund conditions.
  3. The Mall may amend these Terms within the scope that does not violate relevant laws including the Act on the Consumer Protection in Electronic Commerce, the Regulation of Standardized Contracts Act, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, and the Framework Act on Consumers.
  4. When the Mall revises these Terms, it shall specify the effective date and reason for amendment and notify users by posting both the current and amended versions on the initial page of the Mall at least seven (7) days before the effective date. However, in the case of amendments unfavorable to users, a minimum grace period of thirty (30) days shall be provided. In such cases, the Mall shall clearly display both the previous and revised clauses for easy comparison.
  5. The amended Terms apply only to contracts concluded after the effective date, and the previous Terms shall apply to contracts concluded before that date. However, if an existing user expresses a wish to apply the amended Terms within the notice period and obtains the Mall’s consent, the amended Terms shall apply.
  6. Matters not specified in these Terms or their interpretation shall follow relevant laws and regulations such as the Act on Consumer Protection in Electronic Commerce, the Regulation of Standardized Contracts Act, and the consumer protection guidelines set by the Korea Fair Trade Commission, as well as general commercial practices.
Article 4 (Provision and Change of Services)
  1. The Mall provides the following services:
    1. Information on goods or services and conclusion of purchase contracts
    2. Delivery of goods or services for which a purchase contract has been concluded
    3. Other services determined by the Mall
  2. The Mall may change the contents of goods or services to be provided in future contracts in case of out-of-stock situations or changes in technical specifications. In such cases, the Mall shall immediately post notice of the changes and the effective date at the location where the current goods or services are displayed.
  3. If the Mall changes the content of the Services contracted with the user due to unavailability or changes in specifications, it shall immediately notify the user at an address where contact is possible.
  4. The Mall shall compensate users for any damages caused by the above. However, this shall not apply if the Mall proves there was no intentional or negligent act.
Article 5 (Suspension of Services)
  1. The Mall may temporarily suspend the provision of Services due to maintenance, replacement, malfunction of computers or information communication equipment, or interruption of communication.
  2. The Mall shall compensate users or third parties for damages arising from such service interruption unless it proves that it was not due to intentional or negligent acts.
  3. If the Mall becomes unable to provide Services due to business transfer, discontinuation, or merger, it shall notify users according to Article 8 and compensate them based on the terms originally presented. If compensation standards are not announced, the Mall shall compensate users by paying the value of points or credits in cash or equivalent goods.
Article 6 (Membership Registration)
  1. A user applies for membership by filling out the registration form prescribed by the Mall and expressing consent to these Terms.
  2. The Mall shall register users as members unless they fall under any of the following:
    1. The applicant has previously lost membership qualification under Article 7(3), except where re-registration is approved after three years.
    2. The registration contains false, omitted, or incorrect information.
    3. It is judged that membership registration would significantly hinder the Mall’s technical operation.
  3. The membership contract is deemed concluded when the Mall’s approval reaches the user.
  4. Members shall promptly notify the Mall of any changes in their registration information through appropriate means such as profile editing.
Article 7 (Withdrawal and Disqualification of Membership)
  1. A member may request withdrawal at any time, and the Mall shall process the request immediately.
  2. The Mall may restrict or suspend a member’s qualification in the following cases:
    1. Providing false information during registration
    2. Failure to pay for goods or other debts owed to the Mall by the due date
    3. Interfering with another person’s use of the Mall or stealing another person’s information
    4. Engaging in acts prohibited by laws or these Terms or violating public order and morals
  3. If the same violation is repeated twice or not corrected within 30 days after qualification restriction, the Mall may revoke the membership.
  4. If the Mall revokes membership, it shall notify the member and provide at least 30 days to present an explanation before deletion.
Article 8 (Notice to Members)
  1. The Mall may notify members through the e-mail address designated in advance between the member and the Mall.
  2. For unspecified members, the Mall may substitute individual notice by posting on its bulletin board for at least one week. However, individual notice shall be given for matters that significantly affect a specific member’s transaction.
Article 9 (Purchase Application and Consent for Provision of Personal Information)
  1. Users shall apply for purchases on the Mall using the following or similar methods, and the Mall shall provide information in a clear and understandable manner during the process:
    1. Search and selection of goods or services
    2. Input of recipient’s name, address, phone number, and e-mail (or mobile phone number)
    3. Confirmation of important terms such as withdrawal restrictions, shipping fees, and installation costs
    4. Expression of consent to these Terms and confirmation or rejection of the above matters (e.g., via mouse click)
    5. Submission of a purchase application and confirmation thereof, or consent to confirmation by the Mall
    6. Selection of payment method
  2. If the Mall needs to provide the buyer’s personal information to a third party, it must inform the buyer of: (1) the recipient of the information, (2) purpose of use, (3) items of information to be provided, and (4) retention and use period — and must obtain prior consent from the buyer. Any changes to these details shall also require renewed consent.
  3. If the Mall outsources the processing of personal information to a third party, it must notify the buyer of: (1) the consignee, and (2) the scope of consigned work, and obtain consent. However, if the outsourcing is for service fulfillment or user convenience, notification through the Privacy Policy in accordance with relevant laws shall suffice.
Article 10 (Establishment of Contract)
  1. The Mall may refuse a purchase application in any of the following cases. However, when contracting with a minor, the Mall shall inform them that the contract may be canceled by the minor or their legal representative if there is no consent from the latter.
    1. Applications containing false, missing, or incorrect information
    2. Applications from minors for products such as tobacco or alcohol prohibited by the Youth Protection Act
    3. Applications that are deemed to significantly hinder the Mall’s technical or operational stability
  2. The contract shall be deemed concluded when the Mall’s acceptance (confirmation of order) reaches the user as a “receipt confirmation notice” under Article 12(1).
  3. The Mall’s notice of acceptance shall include confirmation of the user’s purchase application, availability of the product, and information on correction or cancellation of the order.
Article 11 (Payment Methods)

Payment for goods or services purchased on the Mall may be made using any of the following available methods, and the Mall shall not charge any additional fees related to the payment method selected by the user:

  1. Bank transfer through phone, Internet, or mail banking
  2. Payment via prepaid card, debit card, or credit card
  3. Online deposit without bankbook
  4. Payment through electronic currency
  5. Cash on delivery
  6. Payment using mileage or reward points provided by the Mall
  7. Payment using gift certificates recognized or contracted by the Mall
  8. Other electronic payment methods
Article 12 (Notice of Receipt, Modification, and Cancellation of Purchase Application)
  1. When a user applies for a purchase, the Mall shall send a receipt confirmation notice to the user.
  2. Upon receiving the notice, the user may request modification or cancellation of the purchase if there is any discrepancy in the intention of the order. If the request is made before shipping, the Mall must comply without delay. However, if payment has already been made, the provisions of Article 15 (Withdrawal of Offer) shall apply.
Article 13 (Supply of Goods, etc.)
  1. Unless otherwise agreed, the Mall shall take necessary actions such as order production, packaging, and shipping within seven (7) days from the date the user’s order is placed. If payment (in full or in part) has been received, the Mall shall begin preparation within three (3) business days from the payment date. The Mall shall provide the user with tracking or progress information for delivery.
  2. The Mall shall specify the shipping method, cost, responsible party, and estimated delivery period. If delivery exceeds the agreed period, the Mall shall compensate for resulting damages unless it proves absence of fault.
Article 14 (Refunds)

If the Mall cannot deliver or provide the ordered goods or services due to stockouts or other reasons, it shall notify the user without delay. If payment has already been received, the Mall shall refund the amount or take necessary refund measures within three (3) business days.

Article 15 (Withdrawal of Offer, Returns, and Exchanges)
  1. Users who have entered into a purchase contract may withdraw their offer within seven (7) days from the date of receiving the written confirmation of the contract, or from the date of receiving the goods, in accordance with Article 13(2) of the Act on Consumer Protection in Electronic Commerce. However, if the Act stipulates otherwise, those provisions shall prevail.
  2. Users cannot return or exchange goods in the following cases:
    1. If the goods are lost or damaged due to reasons attributable to the user (except for minimal packaging damage during inspection)
    2. If the value of goods has significantly decreased due to partial use or consumption by the user
    3. If the value of goods has significantly decreased over time, making resale difficult
    4. If packaging of reproducible goods (with identical performance) has been opened
  3. If the Mall failed to clearly notify users of any withdrawal restrictions or provide sample goods, users retain the right to withdraw.
  4. Notwithstanding the above, users may withdraw within three (3) months from delivery or within thirty (30) days of discovering that the goods differ from their advertised description or contract terms.
Article 16 (Effects of Withdrawal of Offer)
  1. When goods are returned by the user, the Mall shall refund the paid amount within three (3) business days. If refund is delayed, the Mall shall pay delay interest as stipulated by Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce.
  2. If payment was made via credit card or electronic currency, the Mall shall promptly request the relevant payment processor to suspend or cancel the charge.
  3. The user shall bear the cost of returning the goods when withdrawing the offer. The Mall shall not claim any penalty or damages due to withdrawal. However, if the goods differ from their advertised or contractual description, the Mall shall bear all return costs.
  4. If the user initially paid for shipping, the Mall shall clearly indicate who bears the shipping cost upon withdrawal.
Article 17 (Protection of Personal Information)
  1. The Mall collects the minimum amount of personal information necessary to provide services.
  2. The Mall shall not collect personal information in advance during membership registration unless required by law for identity verification prior to contract execution.
  3. When collecting and using a user’s personal information, the Mall shall notify the user of its purpose and obtain consent.
  4. The Mall shall not use or provide collected personal information for purposes other than those specified, except with the user’s consent or as required by law.
  5. When consent is required under Paragraphs 2 and 3, the Mall shall inform the user of the personal information manager’s identity (affiliation, name, contact details), the purpose of collection, the purpose of third-party provision, and related details as prescribed in Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection. Users may withdraw their consent at any time.
  6. Users may at any time request to view or correct their personal information held by the Mall, and the Mall must promptly take necessary action. If a correction request is made, the Mall shall not use the personal information until the correction is completed.
  7. The Mall shall minimize the number of personnel authorized to handle personal information and shall be responsible for any loss, theft, leakage, unauthorized provision, or alteration of users’ personal information, including credit card and bank account details.
  8. The Mall or any third party receiving personal information shall immediately destroy such information once the purpose of collection or provision has been fulfilled.
  9. The Mall shall not preselect consent checkboxes for the collection or use of personal information. The Mall shall clearly indicate which services may be limited if consent is withheld and shall not refuse service or membership solely because a user declines optional data collection.
Article 18 (Obligations of the Mall)
  1. The Mall shall not engage in acts prohibited by law or contrary to public morals, and shall faithfully provide continuous and stable goods and services in accordance with these Terms.
  2. The Mall shall establish a security system to protect users’ personal information, including credit information, to ensure safe Internet usage.
  3. The Mall shall compensate users for damages resulting from false or misleading advertisements as prescribed by the Act on Fair Labeling and Advertising.
  4. The Mall shall not send unsolicited commercial e-mails for profit purposes without the user’s consent.
Article 19 (Duties of Members Regarding ID and Password)
  1. Except as provided in Article 17, responsibility for managing the member’s ID and password rests solely with the member.
  2. Members shall not allow any third party to use their ID or password.
  3. If a member becomes aware of unauthorized use or theft of their ID or password, they must immediately notify the Mall and follow its guidance.
Article 20 (User Obligations)

Users shall not engage in the following activities:

  1. Providing false information during registration or modification
  2. Stealing another person’s information
  3. Altering information posted on the Mall
  4. Sending or posting information other than what is authorized by the Mall (e.g., computer programs)
  5. Infringing the intellectual property rights of the Mall or any third party
  6. Defaming or obstructing the business of the Mall or third parties
  7. Posting obscene, violent, or otherwise immoral content on the Mall
Article 21 (Relationship Between Linked and Linking Malls)
  1. When the upper “Mall” (linking site) and a lower “Mall” (linked site) are connected via hyperlinks (including text, images, or video), the former is referred to as the “linking Mall” and the latter as the “linked Mall.”
  2. The linking Mall shall not be held liable for transactions made by users with the linked Mall if it clearly states on its homepage or in a pop-up at the point of connection that it does not guarantee such transactions.
Article 22 (Copyrights and Usage Restrictions)
  1. All copyrights and other intellectual property rights for works created by the Mall belong to the Mall.
  2. Users may not, without prior written consent, use or allow any third party to use the Mall’s content for commercial purposes by copying, transmitting, publishing, distributing, broadcasting, or any other means.
  3. If the Mall intends to use copyrights belonging to a user pursuant to an agreement, it shall notify the user accordingly.
Article 23 (Dispute Resolution)
  1. The Mall shall establish and operate a compensation handling organization to process user complaints and compensate for damages.
  2. The Mall shall give priority to addressing user complaints or opinions. If prompt processing is not possible, the Mall shall immediately inform the user of the reason and the expected handling schedule.
  3. If a dispute arises between the Mall and a user, and the user applies for dispute mediation, the case may be referred to a mediation institution designated by the Fair Trade Commission or local government.
Article 24 (Jurisdiction and Governing Law)
  1. In the event of a dispute concerning electronic transactions between the Mall and a user, the competent court shall be determined by the user’s address at the time of filing; if no address exists, jurisdiction shall be based on the user’s place of residence. For users residing outside of Korea or with an unclear address, jurisdiction shall follow the Civil Procedure Act of the Republic of Korea.
  2. Korean law shall govern all lawsuits concerning electronic commerce between the Mall and users.

Supplementary Provision (Effective Date)
These Terms shall take effect as of July 16, 2024.