Shinwon Felt

Terms and Conditions

Shinwon Felt Homepage ‘Terms and Conditions’
Article 1 (Purpose) This Terms and Conditions is prepared for the purpose to regulate right, duty and responsibility of the cybermall and users of the relevant internet service (hereinafter “service”) provided in Shinwon Felt cybermall (hereinafter “mall”), operated by Shinwon Felt Co., Ltd (electronic commerce transaction business entity). ※ This Terms and Conditions shall be applied to electronic commerce transactions using PC communication, wireless, etc. unless it is against its nature. Article 2 (Definition) ① The term “mall” means a virtual shopping mall that Shinwon Felt Co., Ltd. has set for transaction of its goods or services (hereinafter, “goods, etc.”) using information and communication facilities, such as computers to provide goods, etc. to users. It also means the business entity that operates the cybermall. ② The term “user” means a person who accesses “mall” and receives the service provided by the “mall” in pursuant to this Terms and Conditions. Article 3 (Specification, Explanation and Amendment of Terms and Conditions, etc.) ① The “mall” shall stipulate the details of this Terms and Conditions, company name, as well as the representative’s name, location of the business place (including the location where the consumers can handle their complaints), telephone number and facsimile (FAX) number, e-mail address, business registration number, declaration number of mail-order business, and persons responsible for management of personal information, etc. on the initial service screen (entire page) of Shinwon Felt cybermall, so that consumers may identify these items easily. Provided, however, the “mall” may enable users to view the details of this Terms and Conditions through the linked screen. ② Prior to the user’s agreement to this Terms and Conditions, the “mall” shall specify the important contents of this Terms and Conditions, such as cancellation of orders, liability regarding delivery, conditions for refund, etc. with a separate linked screen or a pop-up screen to help users to understand and obtain the confirmation of users. ③ The “mall” may amend this Terms and Conditions within the range that does not violate the relevant laws, such as 「Act on the Consumers Protection in Electronic Commerce, etc.」, 「Regulation of Contractual Terms Act」, 「Basic Act on Electronic Documents and Electronic Transactions」, 「Electronic Financial Transaction Act」, 「Digital Signature Act」, 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」, 「Act on Door-to-Door Sales, etc.」, 「Basic Act on Consumers」. ④ When the mall intends to amend this Terms and Conditions, it shall announce this fact with the effective date of application and the cause of amendment, as well as the existing Terms and Conditions on the initial screen of the mall, from seven (7) days before the effective date to the day before the effective date. Provided, however, if the amendment of Terms and Conditions contains the contents disadvantageous to customers, it shall make a notice with grace period of at least 30 days or more. In such case, the “mall” shall implicitly compare and indicate the content of Terms and Conditions before and after the amendment, to make users acknowledge easily. ⑤ When the “mall” intends to amend this Terms and Conditions, the amended Terms and Conditions shall be applied only to the contracts concluded after the effective date of application, and the clauses of the Terms and Conditions before the amendment shall be applied to the contracts already concluded prior to the amendment. Provided, however, if the user who has already signed a contract, sends his/her intention that he/she wants the application of amended clauses to the mall within the period of announcement of the amended Terms and Conditions under Article 3 and receives the consent of the “mall”, then the amended clauses shall be applied. ⑥ Regarding the interpretation of this Terms and Conditions, as well as the matters not set by this Terms and Conditions, it shall follow the Act on the Consumers Protection in Electronic Commerce, etc., Regulation of Contractual Terms Act, Guidelines for Electronic Commerce Consumer Protection of the Fair Trade Commission, relevant laws or regulations, and commercial practice. Article 4 (Provision and Change of Service) ① The “mall” shall operate each of the following business. 1. Providing the details on goods or services and concluding the purchasing contracts 2. Delivering goods or services of concluded contracts 3. Other business affairs designated by “mall” ② In case of goods or services are out of stock or change of technical specifications, the “mall” may change the details of the goods or services to be provided in pursuant to a future contract. In such case, the “mall” shall promptly make an announcement by specifying the details and date of provision of the changed goods or services, on the site where the content of current goods or services has been posted. ③ If the mall intends to change the details of service supposed to be provided in pursuant to a signed contract owing to the reason of running out of stock or a change of technical specifications, the “mall” shall promptly notify the user of the reason via available contact information. ④ In case of prior paragraph above, the “mall” shall compensate the user for the damages he/she suffered from it. However, if the “mall” demonstrates that there is no intention or negligence on its part, this provision shall not be applied. Article 5 (Suspension of Service) ① The “mall” may temporarily suspend the provision of services if there are reasons such as maintenance, replacement, breakdown and communication disruption of information and communication facilities, including computers. ② The “mall” shall compensate the user or a third party for the damages caused by temporary suspension of service, occurred by the reason of paragraph ① above. Provided, however, this provision shall not be applied if the “mall” demonstrates that there is no intention or negligence on its part. ③ If the service may not be provided due to the reasons such as conversion of business items, abandonment of business, integration between companies, etc., the “mall” shall notify users in the method set forth in Article 8 and compensate the users in pursuant to the conditions initially suggested by the “mall”. However, in case that the “mall” does not give a notice about the standard of compensation, etc. it shall pay the users in kind or cash corresponding to the currency. Article 6 (Notification to Users) ① Regarding the notification of the “mall” to a user, it may be conducted via e-mail address that has been designated in the agreement made by and between the user and the “mall” in advance. ② When the “mall” informs multiple unspecified users, posting an article for more than one (1) week on the bulletin board can be substituted for the individual notification. Provided, however, individual notification shall be made in regard to the matters that have significant influence on the user’s own transaction. Article 7 (Purchase Request and Consent to Provision of Personal Information, etc.) ① The user of “mall” shall make a purchase request on the “mall” by following or similar methods, and the “mall” shall provide each of following items to enable the user to understand easily when making a purchase request. 1. Search and selection of goods, etc. 2. Entry of name, address, phone number, e-mail address (or mobile phone number) and etc. of the recipient 3. Confirmation of the contents regarding the details of Terms and Conditions, the service with restricted right of subscription-withdrawal, etc., and the cost burden including delivery fee and installation fee. 4. Indication to agree with this Terms and Conditions and to confirm or reject the matters stated in the subparagraph 3 above (example: Mouse Click) 5. Consent to purchase request for goods, etc. and confirmation of it, or consent to the confirmation of the “mall” 6. Selection of payment method ② If the “mall” needs to provide personal information of the purchaser to a third party, it shall notify the purchaser of 1) The person receiving the personal information, 2) Purpose of using personal information, of the person receiving personal information 3) Specific items of the personal information to be provided, 4) Period of possession and use of the person receiving personal information, and it shall obtain the consent from the purchaser. (It shall be equally applied in the case of changes of the items that already obtained consent.) ③ If the “mall” intends to entrust the business affairs related to managing personal information of the purchaser to a third party, it shall notify the purchaser of 1) The person who is entrusted with the handling and managing of personal information, 2) Contents of the entrusted business affairs regarding the handling of personal information, and shall obtain the consent of the purchaser. (It shall be equally applied in the case of change of the items that already obtained consent.) Provided, however, there is no need to go through the procedures of notification and obtainment of consent, if the relevant matters have been informed through privacy policy in a method set by 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」 in case that the personal information is necessary for fulfillment of the contract regarding the supply of services and for promotion of the users’ convenience. Article 8 (Conclusion of Contract) ① The “mall” may not accept a contract in regard to the purchase request like Article 7, where it corresponds to each following subparagraph below. Provided, however, in case of a contract signed with a minor, the “mall” shall give a notice about the fact that the minor him/herself or the legal guardian of the minor can cancel the contract if he/she fails to obtain the consent from the legal guardian. 1. If there is a false-entry, omission, or mis-entry in the details of application 2. If a minor intends to purchase goods or services prohibited by the Act on Juvenile Protection, such as tobacco, liquor, etc. 3. If it is judged that the acceptance of other purchase requests may lead significant troubles in the technological aspect of the “mall” ② The contract shall be deemed to have been accomplished at the time when the acceptance of the “mall” reached the user in the form of notice of receipt confirmation, stated in paragraph ① of Article 10. ③ The indication of the acceptance of the “mall” shall include information of confirmation regarding the user’s purchase request and the availability of sale, and the details for correction or cancellation of the purchase request, etc. Article 9 (Methods of Payment)The payment for goods or services purchased at the “mall” may be made via available method from following items. Provided, however, the “mall” shall not additionally charge users with any nominal fee regarding the payment methods of the user. 1. Various account transfer including phone-banking, internet-banking, mail-banking, etc. 2. Various card payments including prepaid cards, debit cards, credit cards, etc. 3. Online deposit without a bankbook 4. Payment by electronic money 5. Payment upon receipt 6. Payment by gift certificates that have made a contract with the “mall” or “mall” has accepted 7. Payment by other electronic payment methods, etc. Article 10 (Notice of Receipt Confirmation, Change and Cancellation of Purchase Request) ① The “mall” shall notify the user of receipt confirmation, when a user made a purchase request. ② Users who have received the notice of receipt confirmation may request a change or cancellation of the purchase request immediately after receiving the notice if there is a disagreement with the indication of the intention. And the “mall” shall process the request without delay if the request of the user was raised before delivery. However, if the payment has already been made, it shall follow the regulations on withdrawal of subscription, etc. of Article 13. Article 11 (Supply of Goods, etc.) ① Unless there is a separate agreement on the timing of supply of goods, etc. by and between the “mall” and users, the “mall” shall go through required steps for the delivery of goods, etc., including customizing, packaging within the separately negotiated period from the date the user made a purchase request, or the date the mall received the whole or part of the price. In such case, the “mall” shall cooperate faithfully so that the user can check the supply procedures and progress of goods, etc. ② The “mall” shall determine the means of delivery, the person responsible for delivery cost by each mean, and delivery period by each mean for the goods purchased by the users, via consultation. Article 12 (Refund of Payment) In case that the delivery or supply of ordered goods, etc. is not available owing to being sold out, etc., the “mall” shall immediately notify the user of the reason. Where the payment has made in advance, the “mall” shall make a refund or carry out requisite steps for it, within three (3) business days from the date of receiving the payment. Article 13 (Withdrawal of Subscription, etc.) ① A user of signed contract on the purchase of goods, etc. with the “mall” may withdraw the subscription within seven (7) days from the date he/she received the written documents that contain the details of the contract offered in pursuant to the Article 13 (2) of 「Act on the Consumers Protection in Electronic Commerce, etc.」 (In case that the supply of the goods, etc., has been delayed than the time of receipt of the written documents, seven (7) days from the supply date or the starting date of supply.) Provided, however, if there is any different provision on the withdrawal of subscription, etc. set by 「Act on the Consumers Protection in Electronic Commerce, etc.」, it shall be applied. ② After the delivery of goods, etc., the user may not return or exchange in each case of following items. 1. In case that destruction or damage of goods, etc. has occurred by any responsible reason of the user (However, user can withdraw the order if he/she damaged the packaging, etc. to confirm the content of goods, etc.) 2. In case that the value or price of the goods, etc., has considerably reduced by usage or partial consumption of the user 3. In case that the value or price of the goods, etc., has considerably reduced by the lapse of time, to the extent that the resale of it is difficult 4. In case that the packaging of goods, etc. has been damaged, where the replication for goods with same performance is possible 5. In case that the resale of the product is difficult owing to the particular or special production, processing, etc. by the request of the user ③ If the “mall” did not previously specify the fact that the withdrawal of subscription, etc. may be restricted in case of subparagraph 2 to 4 of paragraph ② above in a place where the consumer can easily recognize or did not provide free samples, the user’s withdrawal of subscription, etc. shall not be restricted. ④ In spite of paragraphs ① and ②, in case that the details of the goods, etc. are different from the displayed or advertised contents, or in case of implementation in a different way from the details of the contract, the user may withdraw his/her subscription within three (3) months from the date the relevant goods, etc. have been supplied, or within thirty (30) days from the date the user knew or the user was able to know the fact. Article 14 (Effect of Withdrawal of Subscription, etc.) ① When a user returns the goods, etc. the “mall” shall make a refund of the paid amount of goods, etc., within three (3) business days. If the refund to the user has been delayed, the “mall” shall pay a delay charge, calculated by multiplying the overdue interest rate set by Article 21-2 of 「Act on the Consumers Protection in Electronic Commerce, etc.」 for the delayed period. ② Regarding the refund of the price prescribed above, if it is a case that a user has made the payment by credit card or other payment methods including electronic money, the “mall” shall ask the business entity who has provided the payment methods for suspension or cancellation of the payment request. ③ When a user intends to withdraw his/her subscription, he/she shall cover the expenses for the return of supplied goods, etc. and the “mall” shall not charge the user for cancellation fee or indemnification for damages. However, the “mall” shall cover the expenses for the return of the goods, etc., in case of the cancellation caused by the difference in details of goods, etc., compared to displayed or advertised contents. It shall be same in case that the implementation of contract is different from the details of the contract. ④ In case that user pays the delivery fee when receiving goods, etc., the “mall” shall clearly inform the users of who will cover the expenses when withdrawing the subscription. Article 15 (Protection of Personal Information) ① If the “mall” intends to collect personal information of a user, it shall minimize the range of collection within the required extent to provide its services. ② The “mall” shall not collect the information required for implementation of purchase order from the users in advance. Provided, however, it shall not be applied in case of collecting minimum and particular personal information due to the need of identification before the purchase order for fulfilling the duties and obligations under the relevant laws and regulations. ③ If the “mall” intends to collect or use the personal information of a user, it shall notify the relevant user of the purpose and obtain consent from the user. ④ The “mall” shall not use the collected personal information for any purpose other than the purpose originally agreed. If any new purpose of use or provision of personal information to a third party occurs, it shall notify the user of that purpose and obtain consent from the user in the stage of use or provision. Provided, however, if there is any different provision set by the relevant laws or regulations, it shall be an exception. ⑤ When the “mall” needs to obtain the consent of users under paragraph ② and ③, it shall specify or inform the users of the items set by the Article 22 (2) of 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」, such as the identity of the person in charge of personal information management (affiliation, name and telephone number, other contact information), purpose of collection and use of information, and the relevant matters regarding the provision of information to a third party (the person who has been provided the information, the purpose of provision and the items to be provided) in advance. The users may withdraw this consent at any time. ⑥ Users may, at any time, request the “mall” for perusal and correction of his/her own personal information which the “mall” possesses. The “mall” shall immediately carry out requisite steps to process this request. After receiving any request for correction of an error, the “mall” shall not use that personal information until it corrects the error. ⑦ The “mall” shall restrict the number of persons who may handle or manage the users’ personal information to the minimum extent to protect the personal information. The “mall” shall take all the responsibilities regarding users’ damages caused by loss, robbery, leakage, and provision to a third party without consent, alteration, etc. of the personal information. ⑧ In case that the purpose of collection or provision of personal information has been achieved, the “mall” or the third party who has been provided personal information from the “mall” shall immediately destruct or eliminate the relevant personal information. ⑨ The “mall” shall not set the consent box for collection, use, and provision of personal information as pre-selected. In addition, the mall shall specify the service that may be restricted if the users give no consent to the collection, use, provision of personal information in detail. The “mall” shall not restrict or refuse the provision of its service to users with the reason that the users did not agree to the collection, use, provision of personal information, which are not requisite collection items. Article 16 (Duty of “Mall”) ① The “mall” shall not conduct any behavior prohibited in this Terms and Conditions or in laws, or any behavior violating the public order and good morals, and shall make best effort to provide the goods and services continuously and stably according to this Terms and Conditions. ② The “mall” must set the security system to protect users’ personal information (including credit information) so that the users can use the internet service safely. ③ The “mall” shall be responsible to compensate for the users’ damages caused by improper activities regarding indication and advertisement prescribed in Article 3 of the 「Act on Fair Indication and Advertisement」, related to its goods or services. ④ The “mall” shall not send commercial electronic mails for advertisement that users do not want. Article 17 (Duty of User) The users of the service shall not conduct one of the following items. 1. Registration of false content when applying or changing 2. Illegal use of other’s information 3. Change of the contents posted on the “mall” 4. Transmitting or posting of the information (computer program, etc.) except the information designated by the “mall” 5. Infringement on intellectual property rights of the “mall” or a third part, including copyright 6. Damaging the honor of the “mall” or a third party, or interrupting of the relevant business affairs of the “mall” or a third party 7. Disclosing or posting indecent or violent messages, videos, sounds, and other information that are against public order and good morals to the mall Article 18 (Copyright Ownership and Restriction on Usage) ① Copy rights and other intellectual property right for the writings prepared by the “mall” shall belong to the “mall”. ② Users shall not commercially use or make a third party to use the information in which the intellectual property rights are attributed to the “mall” among the information obtained via using the “mall”, with the method of copy, transmit, publish, distribute, broadcast or any other method, without the prior consent of the “mall”. ③ When using the copy right belongs to a user in pursuant to the Terms and Conditions, the “mall” shall inform the user of the fact. Article 19 (Resolution of Dispute) Where a request for relief for damage is filed by a user in regard to dispute of electronic commerce transaction developed by and between the “mall” and users, the dispute may follow the mediation of a mediating organization that the Fair-Trade Commission or a Mayor/Do Governor solicits. Article 20 (Jurisdiction and Governing Law) ① Any lawsuit on the electronic commerce transaction dispute between the “mall” and the user shall be subject to the address of the user at the time of filing a claim and if there is no address, it shall be under the exclusive jurisdiction of the district court that controls over the residence. Provided, however, the address or residence of the user at the time of filing a claim is not clear, or in the case of foreign residents, it shall be filed in the competent court under the Civil Procedure Act. ② The governing law for all disputes and lawsuits regarding electronic commerce transaction, developed by and between the “mall” and users shall be the law and regulations of Republic of Korea.