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Article 1 (Purpose)
These terms and conditions aim to specify the general matters, rights, obligations, responsibilities, and service usage procedures for users in using the internet-related services (hereinafter referred to as "Service") provided by MSEMPIRE INC. (hereinafter referred to as the "Company") operating the K-GoodsShop online mall. These terms and conditions also apply to e-commerce conducted through PC communication, wireless, etc., unless it contradicts their nature.
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Article 2 (Definitions)
- 1. "Online mall" refers to a business place set up using computer and other information communication facilities to trade goods or services (hereinafter referred to as "goods, etc.") to users, and also refers to the business operator running a cyber mall.
- 2. "User" refers to members and non-members who access the online mall and receive services provided by the Company under these terms and conditions. However, service usage under corporate or business names is not allowed.
- 3. "Member" refers to an individual who has provided personal information to the Company and registered as a member, continuously receives information from the Company, and can continuously use the services provided by the Company.
- 4. "Non-member" refers to an individual who uses the services provided by the Company without registering as a member.
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Article 3 (Specification and Revision of Terms and Conditions)
- 1. The Company shall post on the initial service screen (front page) of the "Site" the contents of these terms and conditions, company name, representative's name, address of the place of business (including the address where consumer complaints can be handled), phone number, fax number, email address, business registration number, mail-order business report number, and personal information protection manager, so that members can easily access them. However, the contents of the terms and conditions can be viewed through a connected screen.
- 2. Before a user agrees to the terms and conditions, the Company must provide a separate connected screen or pop-up screen to ensure that the user understands important contents such as withdrawal of subscription, delivery responsibility, and refund conditions.
- 3. The Company may revise these terms and conditions to the extent that it does not violate relevant laws such as the Act on Consumer Protection in Electronic Commerce, Regulation of Terms and Conditions Act, Basic Electronic Commerce Act, Electronic Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Door-to-Door Sales Act, and Consumer Protection Act.
- 4. When revising the terms and conditions, the Company will specify and announce the application date and reasons for revision along with the current terms and conditions on the initial screen of the Company from 7 days before the application date until the day before the application date.
- 5. However, in case of a change in terms and conditions unfavorable to the user, the Company will provide at least a 30-day grace period and announce it. In this case, the Company will clearly compare the contents before and after the revision so that users can easily understand them.
- 6. When the Company revises the terms and conditions, the revised terms and conditions apply only to contracts concluded after the application date, and the terms and conditions before the revision apply to contracts already concluded before that date. However, if a user who has already concluded a contract sends a wish to apply the provisions of the revised terms and conditions to the Company within the notice period of the revised terms and conditions according to paragraph 3 and obtains the Company's consent, the revised terms and conditions will apply.
- 7. 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, Regulation of Terms and Conditions Act, guidelines for consumer protection in electronic commerce, etc. set by the Fair Trade Commission, and related laws or commercial practices.
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Article 4 (Provision and Change of Service)
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1. The Company provides the following services:
- a) Providing information on goods or services and concluding import agency contracts or purchase contracts.
- b) Delivery of goods or services for which a purchase contract has been concluded.
- c) Other tasks determined by the Company.
- 2. If goods or services can no longer be provided due to being out of stock or changes in technical specifications, the Company may change the content of goods or services to be provided in future contracts. In this case, the changed content of goods or services and the date of provision will be specified and immediately announced at the place where the current content of goods or services is posted.
- 3. If the Company changes the content of the service contracted with the user for reasons such as out of stock or changes in technical specifications of goods, etc., the Company will immediately notify the user of the reason in a possible way.
- 4. In the case of the previous paragraph, the Company will compensate the user for any damage incurred. However, this does not apply if the Company proves that there was no intention or negligence.
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1. The Company provides the following services:
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Article 5 (Interruption of Service)
- 1. The Company may temporarily suspend the provision of services in the event of maintenance, inspection, replacement, or breakdown of information communication equipment such as computers, or interruption of communication.
- 2. The Company will compensate for damages incurred by users or third parties due to the temporary suspension of service provision for the reasons mentioned in paragraph 1. However, this does not apply if the Company proves that there was no intention or negligence.
- 3. In the event that the service cannot be provided due to reasons such as a change in business type, abandonment of business, or integration between companies, the Company will notify the user according to the method specified in Article 8 and compensate the user for any damage incurred according to the conditions initially proposed by the Company.
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Article 6 (Membership Registration)
- 1. A user applies for membership registration by filling in member information according to the form prescribed by the Company and indicating their agreement to these terms and conditions.
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2. The Company will register the user as a member unless they fall under any of the following items:
- a) If the applicant has previously lost membership under Article 7, paragraph 3 of these terms and conditions. However, exceptions are made for those who have lost their membership under Article 7, paragraph 3, and have passed 3 years since then and have obtained the Company's consent for rejoining as a member.
- b) If there is false information, omission, or error in the registration content.
- c) If it is judged that registering as a member significantly impedes the Company's technology.
- 3. The time of establishment of the membership contract is when the Company's approval of membership registration reaches the member.
- 4. Members must notify the Company of any changes to the registration details within a reasonable period using methods such as modifying member information.
- 5. The Company may obtain selective consent from users for receiving product information marketing at the time of member registration, and if such consent is obtained, the Company may provide the relevant service.
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Article 7 (Withdrawal of Membership and Loss of Qualification)
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1.
- a) If the applicant has previously lost membership under Article 7, paragraph 3 of these terms and conditions. However, exceptions are made for those who have lost their membership under Article 7, paragraph 3, and have passed 3 years since then and have obtained the Company's consent for rejoining as a member.
- b) If there is false information, omission, or error in the registration content.
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2. If a member falls under any of the following reasons, the Company may limit or suspend their membership:
- a) If false information is registered at the time of application.
- b) If the member fails to pay the price of goods purchased or other debts owed to the Company by the due date.
- c) If the member habitually cancels/exchanges/returns goods after purchasing them without legal or valid reasons, or interferes with the Company's business through false payments that do not involve the delivery of goods.
- d) If the member interferes with the Company's business by using inappropriate methods such as abusive language, threats, or obscene behavior towards the Company's employees during the service usage process.
- e) If the member defames or undermines the honor or credibility of the Company by stating or spreading facts that harm the Company's honor or credibility in relation to the provision of the Company's services.
- f) If the member interferes with the use of goods by others or threatens the order of transactions by stealing others' information.
- g) If the member interferes with the Company's business through actions unrelated to the Company's services or irrational requests, acts against public order and morals, etc.
- h) If the member engages in acts prohibited by related laws and these terms and conditions or acts against public order and morals.
- i) If the member engages in acts that infringe or are likely to infringe the rights of the Company or third parties or threaten the order of electronic commerce.
- 3. If the Company restricts or suspends membership according to paragraph 2 and the same act is repeated 2 or more times or the reason is not corrected within 30 days, the Company may lose the member's qualification.
- 4. If the Company loses a member's qualification, the member registration will be erased. In this case, the Company will notify the member and provide at least 30 days for the member to make a statement before erasure. (If it is difficult to provide an opportunity for a statement due to the member's death, unknown whereabouts, etc., the Company may erase the member registration at its discretion.)
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1.
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Article 8 (Notification to Members)
- 1. When notifying members, the Company may use the member's registered e-mail address or mobile phone number, etc.
- 2. For notifications to an unspecified number of members, the Company may substitute individual notifications by posting on the service bulletin board, etc.
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Article 9 (Purchase Application and Consent to Provide Personal Information)
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1. Online mall users apply for purchases using the following or similar methods provided by the Company, and the Company must provide the following contents in an easy-to-understand manner when users apply for purchases:
- a) Searching and selecting goods, etc.
- b) Entering name, address, phone number (or mobile phone number), email address, etc.
- c) Confirmation of terms and conditions, services with limited withdrawal of subscription, costs related to delivery fees, installation fees, etc.
- d) Indication of agreement to these terms and conditions and confirmation or refusal of the above item 3 (e.g., mouse click).
- e) Application for purchase of goods, etc., and confirmation of this or agreement to the Company's confirmation.
- f) Selection of payment method.
- 2. If the Company needs to provide the purchaser's personal information to a third party, the Company must inform the purchaser and obtain consent by specifying 1) the recipient of personal information, 2) the purpose of use of personal information by the recipient, 3) the items of personal information provided, and 4) the retention and use period of personal information by the recipient. (The same applies when the agreed matters change.)
- 3. If the Company entrusts a third party to handle the purchaser's personal information, the Company must inform the purchaser and obtain consent by specifying 1) the recipient of personal information handling entrustment and 2) the content of the entrusted personal information handling tasks. (The same applies when the agreed matters change.) However, if necessary for the performance of the contract for service provision and related to the convenience of the purchaser, the Company may notify through the personal information handling policy according to the method prescribed by the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., without going through the notification and consent procedures.
- 4. The Company must obtain the user's consent when collecting, using, and providing personal information, etc., in accordance with the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
- 5. Members can withdraw their consent to the collection and use of personal information provided to the Company at any time, and withdrawal of consent is done by withdrawing membership. The Company will specifically state the services restricted by the user's refusal to consent to the collection, use, and provision of personal information and will not limit or refuse the provision of services such as membership registration for reasons other than refusal to consent to the collection, use, and provision of non-essential personal information. * For more specific matters related to personal information, please refer to the 'Privacy Policy'.
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1. Online mall users apply for purchases using the following or similar methods provided by the Company, and the Company must provide the following contents in an easy-to-understand manner when users apply for purchases:
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Article 18 (Company's Obligations)
- 1. The Company shall do its best to provide goods or services continuously and stably as stipulated in these terms and conditions.
- 2. The Company must have a security system to protect users' personal information (including credit information) so that users can use the service safely.
- 3. The Company is responsible for compensating for damages incurred by users if the Company's advertisement of goods or services sold violates Article 3 of the Fair Labeling and Advertising Act.
- 4. The Company does not send commercial emails for profit to users who have clearly expressed their intention to refuse receipt.
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Article 19 (Obligations for Member's Account)
- 1. Except in the case of Article 17, the responsibility for managing the member's account and information to access the account (ID, password) lies with the member.
- 2. Members should not allow third parties to use their ID and password.
- 3. All activities such as purchases and posting articles through the member's account are considered the activities of the account owner. Therefore, members cannot lend or transfer their accounts to others.
- 4. If a member's ID and password are stolen or a third party is using the account, the member must immediately notify the Company and follow the Company's guidance if any.
- 5. The Company is not responsible for any damage to the member caused by the violation of paragraphs 1, 2, 3, and 4 above.
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Article 20 (User's Obligations)
- 1. Users must comply with related laws, provisions of these terms and conditions, usage instructions, and other matters notified by the Company.
- 2. If a member engages in prohibited activities under this clause, the Company may suspend part or all of the service or arbitrarily terminate the service contract, and the member is responsible for any resulting damages. The Company may notify relevant government agencies or judicial authorities of the member's prohibited activities if necessary.
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3. Users must not engage in the following activities related to the use of the Company's services:
- a) Registering false content when registering personal information (including changes).
- b) Using the Company's services by stealing the identity, card information, account information, address information, etc., of a third party.
- c) Arbitrarily changing information posted on the Company's online mall.
- d) Transmitting or posting information (computer programs, etc.) not permitted by the Company.
- e) Infringing the intellectual property rights of the Company or third parties.
- f) Damaging the honor of the Company or third parties or interfering with their work.
- g) Posting or exposing obscene or violent messages, images, voices, or other information against public order and morals on the screen, or posting defamatory content against others (however, the Company may arbitrarily delete such posts).
- h) Repeated abnormal purchasing behavior that interferes with the Company's business.
- i) Abusive language or swearing at customer service workers.
- j) Other illegal or unfair activities against public order and morals.
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Article 21 (Site Connection)
- 1. The "Site" may be connected to other sites through hyperlinks (including text, images, and videos).
- 2. If the Company specifies on the initial screen of the "Site" or at the point of connection through a pop-up screen that it does not guarantee liability for transactions conducted independently with the connected site, the Company does not bear guarantee liability for such transactions.
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Article 22 (Mileage)
- 1. The Company may grant certain mileage to members who purchase products or write product reviews. However, if a product is canceled or returned after purchase, the Company will reclaim the mileage granted at the time of purchase. Mileage is not refunded in cash, and other specific operating methods are subject to the Company's operating policy.
- 2. Mileage service is provided only to members and cannot be transferred to others.
- 3. The amount eligible for accumulation excludes amounts discounted through coupons or other methods.
- 4. Granted mileage is valid for 1 year from the date of grant. However, if the Company separately sets the validity period, it will follow that.
- 5. Mileage that has passed the validity period will automatically expire, and the earliest granted mileage will expire first regardless of the customer's intention.
- 6. Mileage will expire immediately upon member withdrawal.
- 7. If it is confirmed that mileage was obtained through fraudulent methods, the Company may take measures such as reclaiming mileage, deleting accounts, and criminal prosecution.
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Article 23 (Discount Coupons)
- 1. The Company may issue discount coupons to members using purchase services, which can be used to receive a certain amount or percentage discount when purchasing designated products.
- 2. Discount coupons collectively refer to all coupons that provide discounts within the Company's services, including product coupons and brand coupons.
- 3. Members can use discount coupons only for their purchases through the account that received the coupons and cannot substantially sell or transfer them to others under any circumstances.
- 4. Consolidation or transfer of discount coupons between accounts is not possible, and they can only be used through the account that received the coupons.
- 5. The use of discount coupons may be limited for certain items, amounts, or the number of times a member can use them, and they cannot be used after the validity period has expired.
- 6. If a product purchased using a discount coupon is canceled or returned, resulting in a refund, the discount coupon can generally be reused within the validity period. However, some coupons that cannot be reused and cases of purchase cancellation due to simple change of mind may not be reusable according to the Company's operating policy.
- 7. Discount coupons will expire immediately upon member withdrawal.
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Article 24 (Ownership and Use Restrictions of Copyright)
- 1. All rights, including intellectual property rights, related to the services provided by the Company to members, belong to the Company.
- 2. Users must not use the information obtained through the use of the service for profit-making purposes or allow third parties to use it without the prior consent of the Company.
- 3. If the Company uses copyright belonging to a user according to an agreement, the Company must notify the user.
- 4. Posts written by users can be exposed through the Company's internet site and mobile application and can also be exposed in search results or related promotions. For such exposure, they may be partially modified or edited within the necessary scope. In this case, the Company complies with copyright law, and members can take measures such as deletion or non-disclosure of such posts at any time through customer service or management functions within each service.
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Article 25 (Disclaimer)
- 1. The Company is not responsible for the inability to provide services due to natural disasters, force majeure, or other reasons beyond the reasonable control of the Company.
- 2. The Company is not responsible for the inability to provide services due to the user's fault.
- 3. The user is responsible for the reliability and accuracy of the information, data, facts, etc., posted on the site, and the Company is not responsible for any damage to users or third parties caused by the inaccuracy or falsehood of the content.
- 4. The Company is not responsible for any damage to users or third parties caused by the user's intention or negligence related to the use of the service.
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Article 26 (Dispute Resolution)
- 1. The Company operates a customer center to reflect legitimate opinions or complaints raised by users and to compensate for damages.
- 2. The Company prioritizes handling complaints and opinions submitted by users. However, if prompt processing is difficult, the Company will immediately notify the user of the reason and processing schedule.
- 3. In case of an e-commerce dispute between the Company and a user, if there is an application for damage relief from the user, it may follow the mediation of the dispute resolution agency commissioned by the Fair Trade Commission or the city/provincial governor.
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Article 27 (Jurisdiction and Governing Law)
- 1. In the event of a lawsuit related to e-commerce disputes between the Company and a user, the lawsuit will be under the exclusive jurisdiction of the local court governing the user's address at the time of the lawsuit. If the user's address or residence is unclear at the time of the lawsuit or if the user is a foreign resident, the lawsuit will be filed in the competent court under the Civil Procedure Act.
- 2. Korean law applies to lawsuits filed between the Company and users regarding e-commerce.