Terms and Conditions

Article 1 (Purpose)

These terms and conditions aim to define the rights, obligations, and responsibilities of the Cyber Mall and its users in the use of internet-related services (hereinafter referred to as “services”) provided by SeoulClick Company (an e-commerce business operator) operating the KModest Cyber Mall (hereinafter referred to as “Mall”).

※ These terms and conditions also apply to e-commerce conducted using PC communication, wireless, and other means, as long as their nature is not contrary to these terms and conditions.

Article 2 (Definitions)

“Mall” refers to the virtual business space set up by SeoulClick Company using computer and other information communication facilities to provide goods or services (hereinafter referred to as “goods, etc.”) to users. It is also used to refer to the business operator that runs the Cyber Mall.
“User” refers to both 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 registered as a member 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 registering as a member.

Article 3 (Specification, Explanation, and Amendment of Terms and Conditions)

The “Mall” shall display the contents of these terms and conditions, along with the company name, the name of the representative, the address of the business office (including the address where consumer complaints can be handled), telephone number, fax number, email address, business registration number, mail-order business report number, and the person responsible for personal information management, on the initial service screen (front page) of the KModest Cyber Mall so that users can easily access them. The contents of the terms and conditions may be made available for viewing through a connected screen.
Before a user agrees to the terms and conditions, the “Mall” must provide a separate linked screen or pop-up screen to ensure the user can understand important contents such as withdrawal of subscription, delivery responsibility, and refund conditions, and must seek the user’s confirmation.
The “Mall” may amend these terms and conditions to the extent that it does not violate relevant laws, such as the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, 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.
When the “Mall” amends the terms and conditions, the application date and the reasons for the amendment shall be specified, and the current terms and conditions shall be posted on the initial screen of the Mall from 7 days before the application date to the day before the application date. However, if the amendments are disadvantageous to the users, a notice period of at least 30 days shall be provided. In this case, the “Mall” shall clearly compare the contents before and after the amendment to make it easy for users to understand.
When the “Mall” amends the terms and conditions, the amended terms and conditions shall apply only to contracts concluded after the application date, and the provisions of the previous terms and conditions shall apply to contracts already concluded before the amendment. However, if a user who has already entered into a contract wishes to be subject to the amended terms and conditions, the user may send their intention to the “Mall” within the notice period of the amended terms and conditions under Paragraph 3, and the “Mall” may agree to this.

Matters not specified in these terms and conditions and the interpretation of these terms and conditions shall be governed by the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, guidelines for consumer protection in electronic commerce as defined by the Fair Trade Commission, relevant laws, or commercial practices.

Article 4 (Provision and Modification of Services)

The “Mall” performs the following tasks:

Providing information on goods or services and entering into purchase contracts
Delivering goods or services for which purchase contracts have been concluded
Other tasks determined by the “Mall”

The “Mall” may change the content of the goods or services to be provided under future contracts in the event of sold-out items or changes in technical specifications. In such cases, the “Mall” shall immediately notify the changes in the content of the goods or services and the date of provision on the same page where the current goods or services are posted.
If the “Mall” changes the content of services contracted with users due to reasons such as sold-out items or changes in technical specifications, the “Mall” shall immediately notify users at the address where they can be reached.
In such cases, the “Mall” shall compensate users for any damages incurred. However, if the “Mall” proves that there was no intentional misconduct or negligence, it shall not be liable for damages.

Article 5 (Service Interruption)

The “Mall” may temporarily suspend the provision of services in the event of maintenance, replacement, breakdown of computer or information communication facilities, or interruption of communication.
The “Mall” shall compensate users or third parties for damages incurred due to the temporary suspension of services as mentioned in Paragraph 1. However, if the “Mall” proves that there was no intentional misconduct or negligence, it shall not be liable for damages.
If the “Mall” is unable to provide services due to reasons such as business category changes, business abandonment, or mergers with other companies, the “Mall” shall notify users as stipulated in Article 8 and compensate consumers according to the conditions initially proposed by the “Mall.” If the “Mall” does not provide notice of compensation standards, users shall be compensated with cash or goods equivalent to the currency value of mileage or points accumulated in the “Mall.”

Article 6 (Membership Registration)

Users apply for membership by filling out the member information form provided by the “Mall” and expressing their agreement to these terms and conditions.
The “Mall” shall register users who apply for membership as described in Paragraph 1 unless they fall under any of the following categories:

If the applicant has previously lost membership status according to Article 7, Paragraph 3 of these terms and conditions, except in cases where they have received approval for re-registration from the “Mall” after three years have passed since losing membership status under Article 7, Paragraph 3.
If there are false entries, omissions, or errors in the registration details.
If the “Mall” determines that registering the user as a member would cause significant technical difficulties.

The membership registration contract is established at the moment when the “Mall’s” acceptance reaches the member.
If there are any changes to the details registered at the time of membership, the member must inform the “Mall” of these changes through methods such as modifying member information within a reasonable period

Article 7 (Withdrawal and Loss of Membership)

Members may request to withdraw from the “Mall” at any time, and the “Mall” shall immediately process the withdrawal.
If a member falls under any of the following reasons, the “Mall” may restrict or suspend their membership:

If false information was registered during the application process.
If the member fails to pay the price of goods purchased through the “Mall” or other debts related to the use of the “Mall” by the due date.
If the member interferes with another person’s use of the “Mall” or steals information, thereby disrupting the order of electronic commerce.
If the member uses the “Mall” to engage in illegal activities or acts that violate these terms and conditions or public morals.

If the “Mall” restricts or suspends membership and the same action is repeated more than twice or the reason is not corrected within 30 days, the “Mall” may terminate the member’s qualification.
If the “Mall” terminates a member’s qualification, the member’s registration shall be deleted. In this case, the “Mall” shall notify the member and provide an opportunity to explain themselves within a period of at least 30 days before the deletion of the member registration.

Article 8 (Notification to Members)

When the “Mall” sends notifications to members, it can be done through the email address specified by the member in advance as agreed with the “Mall.”
For notifications to an unspecified number of members, the “Mall” may post the notification on the “Mall” bulletin board for at least one week, which will be considered as individual notification. However, for matters that significantly affect a member’s transactions, individual notifications will be sent.

Article 9 (Purchase Application and Consent to Provide Personal Information)

Users of the “Mall” apply for purchases by using the following or similar methods, and the “Mall” shall make the following details easily accessible to the users when they apply for purchases:

Search for and select goods or services
Enter the recipient’s name, address, phone number, email address (or mobile phone number), etc.
Confirm the contents of the terms and conditions, services for which the right of withdrawal is restricted, and information related to the cost burden such as shipping and installation fees
Indicate agreement to these terms and conditions and confirm or reject the items in clause 3 (e.g., by clicking the mouse)
Apply for the purchase of goods or services and agree to or confirm the application from the “Mall”
Select a payment method

If the “Mall” needs to provide the buyer’s personal information to a third party, it must inform the buyer and obtain consent for the following: 1) the recipient of the personal information, 2) the purpose of the recipient’s use of the personal information, 3) the items of personal information provided, and 4) the period during which the recipient will retain and use the personal information. The same applies if there are changes to the consented items.
If the “Mall” entrusts the handling of the buyer’s personal information to a third party, it must inform the buyer and obtain consent for the following: 1) the recipient of the personal information handling, and 2) the details of the tasks involving personal information handling. The same applies if there are changes to the consented items. However, if it is necessary for the execution of the service contract and is related to improving the buyer’s convenience, the “Mall” may notify the buyer through the privacy policy in the manner prescribed by the Act on Promotion of Information and Communications Network Utilization and Information Protection without going through separate notification and consent procedures.

Article 10 (Establishment of Contract)

The “Mall” may refuse to accept purchase applications as described in Article 9 under any of the following circumstances. However, if the “Mall” enters into a contract with a minor, it must notify the minor that the contract can be canceled by the minor or their legal guardian if consent from the legal guardian is not obtained.

If there are false entries, omissions, or errors in the application.
If a minor is attempting to purchase goods or services prohibited by the Juvenile Protection Act, such as tobacco or alcohol.
If accepting the purchase application is deemed to cause significant technical difficulties for the “Mall.”

The contract is considered established at the time when the “Mall’s” acceptance reaches the user in the form of a confirmation notice as specified in Article 12, Paragraph 1.
The “Mall’s” acceptance notice must include information confirming the user’s purchase application, availability of the sale, and details on the correction or cancellation of the purchase application.

Article 11 (Payment Methods)

The payment methods for goods or services purchased on the “Mall” can be made using any of the following available methods. However, the “Mall” shall not add any additional fees to the price of goods or services based on the user’s chosen payment method.

Various account transfers such as phone banking, internet banking, and mail banking
Payment using various cards such as prepaid cards, debit cards, and credit cards
Payment via electronic money
Payment using points provided by the “Mall” such as mileage
Payment using gift certificates that the “Mall” has contracted with or approved
Payment using other electronic payment methods

Article 12 (Confirmation Notification, Purchase Application Modification, and Cancellation)

When a user submits a purchase application, the “Mall” shall send a confirmation notification to the user.
Upon receiving the confirmation notification, the user may request to modify or cancel the purchase application immediately if there are discrepancies or errors in the application. The “Mall” shall process the user’s request without delay if it is made before the shipment. However, if the payment has already been made, the provisions regarding withdrawal of subscription, etc., in Article 15 shall apply

Article 13 (Supply of Goods, etc.)

Unless otherwise agreed upon separately between the “Mall” and the user regarding the supply period of goods, the “Mall” shall take necessary measures such as order production and packaging to ship the goods within 7 days from the date the user made the purchase application. However, if the “Mall” has already received all or part of the payment for the goods, the “Mall” shall take these measures within 3 business days from the date of receiving the payment. In this case, the “Mall” shall take appropriate measures to allow the user to confirm the supply procedure and progress of the goods.
The “Mall” shall specify the delivery methods, the party responsible for the delivery cost for each method, and the delivery period for each method for the goods purchased by the user. If the “Mall” exceeds the agreed delivery period, it shall compensate the user for any damages incurred. However, this does not apply if the “Mall” proves that there was no intentional misconduct or negligence.

Article 14 (Refunds)

If the “Mall” is unable to deliver or provide the goods purchased by the user due to reasons such as being out of stock, the “Mall” shall immediately notify the user of the reason. If the “Mall” has already received payment for the goods, it shall refund the payment or take necessary measures for the refund within 3 business days from the date of receiving the payment.

Article 15 (Withdrawal of Subscription, etc.)

Users who have entered into a contract for the purchase of goods with the “Mall” can withdraw their subscription within 7 days from the date they receive a written document concerning the contract content as stipulated in Article 13, Paragraph 2 of the Act on Consumer Protection in Electronic Commerce, etc. If the delivery of goods is later than receiving the written document, the withdrawal period starts from the date the goods are received or the supply of goods begins. However, if there are different stipulations concerning the withdrawal of subscription in the Act on Consumer Protection in Electronic Commerce, etc., those provisions shall apply.

Users cannot return or exchange goods in the following cases after receiving the goods:

If the goods are damaged or destroyed due to reasons attributable to the user (except when the packaging is damaged to check the contents of the goods).
If the value of the goods has significantly decreased due to the user’s use or partial consumption.
If the value of the goods has significantly decreased over time to the extent that resale is difficult.
If the goods can be reproduced with the same performance, and the packaging of the original goods is damaged.

In the case of items 2 through 4 in Paragraph 2, if the “Mall” has not clearly indicated in a place easily accessible to the consumer that the withdrawal of subscription is restricted or has not provided a trial product, the user’s withdrawal of subscription shall not be restricted.
Notwithstanding Paragraphs 1 and 2, if the goods are different from the advertisement or the contract has been executed differently, the user can withdraw their subscription within 3 months from the date the goods were received, or within 30 days from the date the user knew or could have known the discrepancy.

Article 16 (Effects of Withdrawal of Subscription, etc.)

When the “Mall” receives the returned goods from the user, it shall refund the payment for the goods within 3 business days. In this case, if the “Mall” delays the refund to the user, it shall pay delay interest calculated by multiplying the delay period by the delay interest rate prescribed in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc.
In refunding the payment, if the user paid for the goods using a credit card or electronic money, the “Mall” shall promptly request the business operator who provided the payment method to suspend or cancel the payment for the goods.
In the case of withdrawal of subscription, the user shall bear the cost of returning the supplied goods. The “Mall” shall not claim any penalty or compensation for damages from the user for withdrawal of subscription. However, if the goods are returned due to discrepancies from the advertised or specified content, or if the contract was executed differently, the “Mall” shall bear the cost of returning the goods.
If the user bore the cost of shipping when receiving the goods, the “Mall” shall clearly indicate who is responsible for the cost upon withdrawal of subscription in a manner easily understood by the user.

Article 17 (Protection of Personal Information)

The “Mall” shall collect the minimum amount of personal information necessary within the scope required for providing services.
The “Mall” shall not collect information necessary for fulfilling a purchase contract at the time of member registration. However, if it is necessary to verify the identity before the purchase contract to fulfill legal obligations, the minimum specific personal information may be collected.
When the “Mall” collects and uses personal information, it shall notify the user of the purpose and obtain consent.
The “Mall” shall not use the collected personal information for purposes other than those specified. If a new purpose of use arises or if the information is to be provided to a third party, the “Mall” shall notify the user at the stage of use or provision and obtain consent. Exceptions are made only if stipulated by related laws.
When obtaining consent for the collection and use of personal information as per Paragraphs 2 and 3, the “Mall” shall specify or notify the user in advance of the identity of the person responsible for managing personal information (affiliation, name, phone number, and other contact information), the purpose of collection and use of information, and details regarding the provision of information to third parties (recipient, purpose of provision, and information to be provided). Users may withdraw their consent at any time.
Users may request to view and correct their personal information held by the “Mall” at any time, and the “Mall” shall promptly take necessary measures. If a user requests the correction of errors, the “Mall” shall not use the personal information until the errors are corrected.
The “Mall” shall limit the personnel handling users’ personal information to the minimum necessary for protection and shall be fully responsible for any damages caused by the loss, theft, leakage, unauthorized provision to third parties, or alteration of users’ personal information, including credit card and bank account information.
The “Mall” or any third party receiving personal information from the “Mall” shall destroy the personal information without delay once the purpose of its collection or provision is achieved.
The “Mall” shall not pre-select the consent option for the collection, use, and provision of personal information. The “Mall” shall also clearly specify services that are restricted when users refuse consent for the collection, use, and provision of personal information. The “Mall” shall not restrict or refuse membership registration or service provision based on the user’s refusal to consent to the collection, use, and provision of personal information that is not mandatory.

Article 18 (Obligations of the “Mall”)

The “Mall” shall not engage in any acts prohibited by law or these terms and conditions or against public order and morals, and shall do its best to provide goods and services continuously and stably as stipulated in these terms and conditions.
The “Mall” shall establish a security system to protect users’ personal information (including credit information) to ensure that users can safely use internet services.
If the “Mall” causes damage to users by engaging in unfair labeling or advertising activities as prescribed in Article 3 of the Act on Fair Labeling and Advertising of Goods or Services, it shall be responsible for compensating for the damages.
The “Mall” shall not send commercial advertising emails for profit to users who do not wish to receive them.

Article 19 (Member’s Obligations Regarding ID and Password)

Except in the case described in Article 17, the responsibility for managing the ID and password lies with the member.
Members shall not allow any third party to use their ID and password.
If a member realizes that their ID and password have been stolen or are being used by a third party, they shall immediately notify the “Mall” and follow the “Mall’s” instructions.

Article 20 (User’s Obligations)

Users shall not engage in the following activities:

Registering false information during application or modification
Misusing another person’s information
Changing information posted on the “Mall”
Transmitting or posting information (such as computer programs) other than the information designated by the “Mall”
Infringing on the intellectual property rights, including copyrights, of the “Mall” or third parties
Damaging the reputation or interfering with the operations of the “Mall” or third parties
Disclosing or posting obscene or violent messages, images, voices, or other information that is against public order and morals on the “Mall”

Article 21 (Relationship Between Linked “Mall” and Subordinate “Mall”)

When an upper “Mall” and a lower “Mall” are connected via hyperlinks (including text, images, and animations as hyperlink targets), the former is called the linked “Mall” (website) and the latter is called the subordinate “Mall” (website).
If the linked “Mall” clearly indicates on its initial screen or in a pop-up screen at the time of connection that it does not guarantee responsibility for transactions conducted with the user by the subordinate “Mall” independently providing goods, etc., the linked “Mall” shall not be responsible for such transactions.

Article 22 (Attribution of Copyright and Use Restrictions)

The copyrights and other intellectual property rights for works created by the “Mall” belong to the “Mall.”
Users shall not use information obtained through the use of the “Mall,” which is subject to the intellectual property rights of the “Mall,” for commercial purposes or allow third parties to use it by means of reproduction, transmission, publication, distribution, broadcasting, or other methods without prior consent from the “Mall.”
When the “Mall” uses copyrights belonging to users according to an agreement, the “Mall” shall notify the relevant users.

Article 23 (Dispute Resolution)

The “Mall” shall establish and operate a compensation handling organization to reflect legitimate opinions or complaints raised by users and to compensate for any damages.
The “Mall” shall prioritize the handling of complaints and opinions submitted by users. However, if prompt processing is difficult, the “Mall” shall immediately notify the user of the reasons and the schedule for handling the issue.
If a user applies for damage relief concerning an electronic commerce dispute between the “Mall” and the user, the “Mall” may follow the mediation of the dispute resolution institution commissioned by the Fair Trade Commission or the mayor/governor.

Article 24 (Jurisdiction and Governing Law)

Lawsuits related to e-commerce disputes between the “Mall” and users shall be filed with the court having jurisdiction over the user’s address at the time of filing, or if there is no address, the court having jurisdiction over the user’s residence. However, if the user’s address or residence is unclear at the time of filing, or if the user resides abroad, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
Korean law shall apply to lawsuits related to e-commerce disputes between the “Mall” and users.