Article 1 (Purpose)
The purpose of the following Terms and
Conditions of Use(‘T&C’) is to establish guidelines on rights, duties and
responsibilities of cyberKokacharm Users utilizing the internet-related
services (hereinafter referred to as the ‘Services’) provided by the cyberKokacharm
(hereinafter referred to as the ‘Kokacharm’) operated by company (e-commerce company). Unless transactions contradict its properties,
the following terms apply to e-commerce transactions utilizing methods of PC
communication, wireless and others.
Article 2 (Definition)
① Kokacharm refers to the
Kokacharm company that trade goods or services (hereinafter referred to as ‘Goods and Services’) using computers
and information communication facilities to provide Goods and Services to
Users. The term can also be defined as a company operating a cyberKokacharm.
②‘User’ refers to a Member and Non-Member who
has accessed the ‘Kokacharm’ to use the services provided by the ‘Kokacharm’ in accordance with this T&C.
③‘Member’ refers to a User who uses the services
provided by the ‘Kokacharm’ by subscribing for Membership.
④‘Non-Member’ refers to a User who uses the services
provided by the ‘Kokacharm’ without subscription.
Article 3 (Display, Explanation and
Amendment of Terms and Conditions of Use)
① The ‘Kokacharm’ shall, for easy recognition by Users, display the contents of this
T&C, name of company and representative, business address(including an
address handling customer complaints), phone number, fax number, email address,
business license number, e-commerce permit number, and the name of personal
information manager on the main page of the ‘Kokacharm’. Only the content of this T&C
can be displayed though a link page.
② Prior to User’s final agreement to this T&C, the ‘Kokacharm’ shall provide a separate link or pop-up
screen to obtain User’s verification on the terms of
cancellation rights, delivery responsibilities, refund conditions and other
important details.
③ The ‘Kokacharm’ may make amendments within the permissible range without violating
applicable laws such as the 「Act on Consumer Protection in Electronic
Commerce」, 「Regulation of T&C」, 「Framework Act on Electronic Commerce and
Electronic Document」, 「Electronic Financial
Transaction Act」, 「Electronic Signature
Act」, 「Act on Protection of Information and
Promotion of Utilization of Information and Communications Network」, 「Door-To-Door Sales Act」, 「Framework Act on Consumers」 and other related Consumer Protection Laws.
④ The ‘Kokacharm’ shall specify the effective date and the reasons for amendment of
the terms and have post on the initial screen for 7 days prior to effective
date until the day before the effective date.
If the amendment is modified to the User’s
disadvantage, then the ‘Kokacharm’ shall grant at least 30 days of grace period
for notice. In this case, the ‘Kokacharm’ shall clarify the ‘before and after’
changes in an ‘easy-to-understand’ manner.
⑤ When the ‘Kokacharm’ makes an amendment to the T&C, the modified T&C shall be
applied only to contracts concluded after the effective date, whereas all
contracts concluded before the effective date will remain under the provisions
of the old T&C. However, if the User who has already signed the contract
wishes to have the amendments administered, then the User may send his/her
intent to the ‘Kokacharm’ and acquire consent from the ‘Kokacharm’ within the notice period stated in Clause ③ and it shall be applied accordingly.
⑥ Any information not specified and interpreted in this T&C shall
be in accordance with the e-commerce Transaction Guidelines and Related
Consumer Protection Acts provided by the Fair Trade Commission and other
applicable Consumer Protection Laws and Regulation of T&C Act.
Article 4 (Provision & Replacement of
Service)
① The ‘Kokacharm’ shall perform the following duties:
1. Provide information regarding Goods and
Services and conclude purchasing contracts.
2. Deliver Goods and Services on purchase
contract.
3. Other duties designated by the ‘Kokacharm.’
② The ‘Kokacharm’ may replace Goods and Services provided in future T&C in the
event that Goods and Services are sold out or technical specifications are
revised. In this case, the ‘Kokacharm’ shall immediately announce the replacement of Goods and Services
and the date of application on the page where present Goods and Services are
displayed.
②
In the event that Goods and Services are replaced
because of damage in the product, the ‘Kokacharm’ shall immediately notify the cause of replacement to the addresses
of the Users upon receiving a picture of the product given.
③
Following the previous Clause, the ‘Kokacharm’ shall compensate for all damages caused.
However, this shall not apply if the ‘Kokacharm’ proves that such event is not caused by its intention or
negligence.
Article 5 (Suspension of Service)
① The ‘Kokacharm’ may temporarily suspend its services as a result of the following
reasons: maintenance of computers and telecommunications equipment, replacement
or damage repairs, and interruption of communication.
② The ‘Kokacharm’ shall compensate User or any Third Party Member of damages caused
by the temporary suspension of services due to reason(s) detailed in Clause ①. However, this shall not apply if the ‘Kokacharm’ proves that such event is not caused by
its intention or negligence.
③ In the case of a conversion of business item, abandonment of
business, merging between businesses and for other various reasons, the ‘Kokacharm’ shall notify the consumer as specified
in Article 8 and reward consumer in accordance with the conditions suggested by
the original ‘Kokacharm.’ However, if the ‘Kokacharm’ does not advise such
standard of compensation, the ‘Kokacharm’ shall pay Users for their mileage or
reserve in kind or cash of which value corresponds to the currency being used
at the ‘Kokacharm.’
Article 6 (Membership)
① The User shall apply for Membership by expressing his/her intent to
agree to this T&C after filling out the form designated by the ‘Kokacharm’ with Member’s personal information.
② The ‘Kokacharm’ shall register all Users who apply for Membership in the manner
stipulated in Clause ① unless the User is not engaged in one of
the following issues:
1. After the applicant has lost Membership
for reasons indicated in Article 7 Clause ③, the applicant may
acquire approval to re-subscribe for Membership three years after the loss of
Membership.
2. Entry of false information or omission
in the registration form.
3. If deemed that registering the User
would present technical difficulties to the ‘Kokacharm.’
③ Establishment of Membership becomes effective at the time that the
Member receives the ‘Kokacharm’s approval of Membership.
④ In due course of time, the Member shall update the ‘Kokacharm’ with any changes to his/her account
information through the methods of editing personal information.
Article 7 (Withdrawal from Membership &
Loss of Eligibility)
① Members of the ‘Kokacharm’ may request, at any time, to withdraw from Membership and the ‘Kokacharm’ shall immediately process the request.
② The ‘Kokacharm’ may limit or suspend Membership for the following reasons:
1. Entry of false information or omission
in the registration form.
2. If the purchase payment of goods and
other ‘Kokacharm’ usage related liabilities have not been paid for before the
appointed date.
3. If Member interferes with others to use
the ‘Kokacharm’ or threatens the order of e-commerce (such as the illegal use
of personal information).
4. If Member uses the ‘Kokacharm’ to act
against public order and morals prohibited by the law and this ‘T&C.’
③ The ‘Kokacharm’ may forfeit Membership of the Member whose Membership was suspended
or limited, if the same actions are repeated twice or more, or if the cause is
not corrected within 30 days.
④ When the ‘Kokacharm’ forfeits Membership, all information will be cancelled. Prior to
cancellation, the ‘Kokacharm’ shall notify the Member and give at least 30 days or more to grant
an opportunity to explain the cause.
Article 8 (Notification to Members)
① Any notifications from the ‘Kokacharm’ will be sent to the email address designated in advance by the
Member during registration.
② In the event of sending notifications to unspecified Members, a
display of notifications on the notice board on the website for 1 week or more
may replace sending emails. However, the ‘Kokacharm’ shall send individual notice to a Member in regards to matters which
may have a significant influence in his/her transaction.
Article 9 (Application for Purchase)
① The User shall apply for purchase in the following or in a similar
manner, and the ‘Kokacharm’ shall provide the User with the following information in an ‘easy-to-understand’ manner to aid in
his/her request for purchase.
1. Search and select Goods and Services
2. Enter name of recipient, address, phone
number, email address (or mobile phone number)
3. Confirm matter(s) in respect to the
contents of this T&C, limited cancellation policies, delivery fees,
installation fees, and others
4. Express agreement to this T&C and
confirm or refuse the above Item 3 (ex. mouse
click)
5. Apply and confirm purchase of goods;
Agree to allow confirmation of application from the ‘Kokacharm’
6. Select payment method
② In case of an inevitable
need (for the ‘Kokacharm’) to disclose∙consign consumer’s personal information
to a third party, the ‘Kokacharm’ shall obtain consumer’s consent at the time
of applying for purchase. This consent is not obtained in advance at the time
of applying for Membership. At this time, the ‘Kokacharm’ shall specify to the
consumer the provisions of personal information that are being disclosed,
information of the receiving party, purpose and intent of use and the duration
of retention∙use. But, consignment of personal information according to Clause ① of Article 25 in the 「Act on Protection of
Information and Promotion of Utilization of Information and Communications
Network」 shall comply with relevant laws and legislations in regards to
affairs not mentioned in the Act.
Article 10 (Conclusion of Contract)
① The ‘Kokacharm’ may not accept request for purchase in Article 9 if it falls under
one of the following items. In the event of concluding a contract with a minor,
the ‘Kokacharm’ shall notify that the failure to acquire
agreement from a legal representative may cause cancellation of the contract by
the minor him/herself or the legal representative.
1. Entry of false information or omission
in the registration form
2. Purchase of cigarettes and liquor and
other Goods and Services prohibited by the Youth Protection Law
3. If deemed that accepting application for
purchase may cause technical problems to the ‘Kokacharm’
② The contract is deemed to be concluded when the acceptance of the ‘Kokacharm’ is delivered to the User in the form
stipulated in Clause ① of Article 12.
③ The acceptance of the ‘Kokacharm’ shall include confirmation on the User’s request for purchase, availability of sales, and correction or
cancellation of the request for purchase.
Article 11 (Payment Method)
The method of payment for Goods and
Services purchased through the ‘Kokacharm’ may be selected from the following
items. The ‘Kokacharm’ may not collect any additional fees regarding payment
for Goods and Services.
1. Account transfer through phone banking,
internet banking, mail banking and others.
2. Card payment through prepaid card, debit
card, credit card, and others.
3. Online bank transfer
4. Electronic money
5. Payment upon receipt
6. Mileage points or points offered by the
‘Kokacharm’
7. Gift voucher contracted or approved by
the ‘Kokacharm’
8. Other means of electronic payment
Article 12 (Notice of Receipt, Change and
Cancellation of Application for Purchase)
① The ‘Kokacharm’ shall send a notice of receipt to the User after receiving the User’s application for purchase.
② In the case of a discord between the User’s intent and the received notice, the User may change or cancel the
application for purchase immediately after receipt. If the request for change
or cancellation is made prior to delivery, the ‘Kokacharm’ shall process the request accordingly
without any delay. In the event that payment has already been made, User shall
follow the guidelines detailed in Article 15 - Cancellation of Purchase.
Article 13 (Provision of Goods and
Services)
① Unless otherwise specified, the ‘Kokacharm’ shall take necessary measures such as
customizing production and packaging and deliver Goods and Services within 7
days from the date of purchase. However, if the ‘Kokacharm’ has already received payment in whole or
in part, then delivery shall be processed within 3 business days from the date
of receipt. In such instances, the ‘Kokacharm’ shall take necessary measures to
inform the User on procedures of provision and delivery status of Goods and
Services.
② The ‘Kokacharm’ shall specify delivery method, payer, and delivery time for each
delivery method for the Goods and Services purchased by the User. In the event
that the ‘Kokacharm’ exceeds the designated period of
delivery, it shall compensate the User for damages. However, this shall not
apply if the ‘Kokacharm’ proves that such event is not caused by its intention
or negligence.
Article 14 (Refund)
In the event that the Goods and Services
are sold-out or unavailable and cannot be provided or delivered to a User who
applied for purchase, the ‘Kokacharm’ shall notify the User without any delay,
and if payment for Goods and Services has already been made in advance, the ‘Kokacharm’
shall take necessary measures or refund payment within 3 business days from the
date of receipt.
Article 15 (Cancellation of Purchase)
① The User who purchased Goods and Services by concluding the
contract with the ‘Kokacharm’ in accordance to Clause ② of Article 13 in
the 「Acts on Consumer Protection in Electronic Commerce」 may cancel purchase within 7 days from the date on which the User
received a written contract (if the written contract is received later than the
supply of Goods and Services, then the receipt date is set on the date when
User received the Goods and Services or when Goods and Services have been
supplied). But, cancellation of purchase according to 「Acts on Consumer Protection in Electronic Commerce」 shall comply with relevant laws and legislations in regards to
affairs not mentioned in the Acts.
② The User may not return or exchange Goods and Services in the event
of one of the following reasons:
1. Delivered Goods lost or damaged at the
fault of the User (however, cancellation of purchase may be acceptable if
packaging was damaged in the process of checking content)
2. Significant decrease in value of Goods
and Services due to partial use or consumption by the User
3. Not available for resale due to a
significant decrease in value of Goods and Services from lapse of time
4. The Goods may be replaced by Goods
showing the same performance, but packaging of the original is damaged
③ In the case of items 2 or 4 of Article 2 Clause ②, the cancellation of purchase by User will not be limited if the ‘Kokacharm’ failed to clearly specify the fact that
cancellation of purchase is limited or that it would take necessary measures to
provide the Goods.
④ Despite Clause ① and ②, the User may cancel his/her purchase of goods within 3 months from
the date of receipt of the goods or within 30 days from the date on which
he/she recognized or could have recognized that Goods and Services differ from
the advertisement or the provision of contract.
Article 16 (Effect of Cancellation of
Purchase)
① In the event of a return of Goods from a User, the ‘Kokacharm’ shall refund payment of Goods within 3
business days. In the event of a delay in refund, the ‘Kokacharm’ shall pay User with the interest
calculated by the number of days delayed with the overdue interest rate
indicated on the 「Act on Consumer Protection in Electronic
Commerce」
② In regards to the above-mentioned case, if the User made payment of
Goods with credit card or electronic money, the ‘Kokacharm’ shall immediately request the business
who provided such payment method to suspend or cancel payment.
③ In the event of any cancellation of purchase, the User shall bear
the costs arising from returning the Goods. On the account of the User’s cancellation of purchase, the ‘Kokacharm’ shall not claim charge for cancellation
or compensation for damage. However, in the event of a cancellation of purchase
caused by a discord in the contents of Goods and the advertisement or the
provision of contract, the ‘Kokacharm’ shall bear the costs of returning the
Goods.
④ If the User bore the delivery fees when he/she received the Goods,
the ‘Kokacharm’ shall specify and make noticeable as to
who would bear the delivery fees upon cancellation of purchase.
Article 17 (Protection of Personal
Information)
① The ‘Kokacharm’ collects a minimum amount of information necessary to provide the
services.
② At the time of applying for Membership, the ‘Kokacharm’ shall not collect information needed for
the performance of purchase contract in advance. But, in the case where
personal identification is required before the performance of a purchase
contract, a minimum amount of specified personal information is collected for
the fulfillment of obligation in regards to relevant laws and legislation.
③ The ‘Kokacharm’ shall obtain consent from User to collect∙use
personal information by notifying User with the aim/purpose of collection∙use.
④ The ‘Kokacharm’ shall not use the personal information outside their intended
purpose. In the event of an uprising of a new use or when disclosing to third
parties, the ‘Kokacharm’ shall notify the purpose of use and obtain consent from User during
the stage of use disclosure. But, there
are exceptions for cases regulated in the relevant laws and legislations.
⑤ In the event that the ‘Kokacharm’ is required to acquire the approval of User by Clause ② and ③, the ‘Kokacharm’ shall specify its personal information
manager (affiliation, name, phone number, other contact information), purpose
of collection and use of information, information about Third Party (recipient,
purpose of provision and the information to be provided), and the provisions
stipulated in Clause ② of Article 22 of the 「Act on Protection of Information and Promotion of Utilization of
Information and Communications Network」. The User may at
any time cancel his/her approval.
⑥ User may, at any time, request for confirmation and correction of
error in their personal information possessed by the ‘Kokacharm,’ and the ‘Kokacharm’ shall be responsible for taking any
necessary measures without any delay. In the event that a User requests for the
correction of an error, the ‘Kokacharm’ shall not use the applicable personal
information until error is corrected.
⑦ For protection of personal information, the ‘Kokacharm’ shall limit the number of persons
handling personal information to a minimum, and shall be responsible for any
damages caused by loss, theft, leakage, falsification, and disclosure of
personal information including credit card and bank account information to
third parties without consent of the User.
⑧ The ‘Kokacharm’ or any Third Parties who received personal information from the ‘Kokacharm,’ shall without any delay destroy all
personal information once the purpose of collection has been achieved.
⑨ The ‘Kokacharm’ shall not have the agreement form regarding the
collection∙use∙disclosure of personal information set to be filled out in
advance. The ‘Kokacharm’ must specify services that will be restricted if User
does not agree to the collection∙use∙disclosure of personal information, and
the ‘Kokacharm’ shall not limit services or refuse to accept Membership
applications on the basis of User’s refusal to agree to
collecting∙using∙disclosing of personal information that do not include the
collection of compulsory information.
Article 18 (Obligations of the ‘Kokacharm’)
① The ‘Kokacharm’ shall not take any actions against public policy or actions
restricted by the law and this T&C. The ‘Kokacharm’ shall put its best efforts in providing
Goods and Services on a stable basis in accordance with the provisions in this
T&C.
② The ‘Kokacharm’ shall be equipped with a security system to protect personal
information of Users (including credit information) and provide a safe
environment for Users to use the online services.
③ In accordance with Article 3 of the Law related to 『Fairness of Display and Advertisement』, the ‘Kokacharm’ shall be responsible to compensate User(s) if damages were caused
by displaying or adding unjust or unreasonable advertisement for certain Goods
and Services
④ The ‘Kokacharm’ shall not send any profit-making emails
which are not wanted by Users.
Article 19 (Obligations for ID &
Password of Member)
① Member shall be responsible for the management of his/her ID and
password, except for the case in Article 17.
② Member shall not allow any Third Party to use his/her ID and
password.
③ When a Member recognizes that his/her ID and/or password is stolen
or is being used by a Third Party, the Member shall immediately notify the ‘Kokacharm’, and follow the instructions of the ‘Kokacharm.’
Article 20 (Obligations of User)
Users shall avoid the following actions:
1. Register false information at the time
application or revision of information
2. Use others’ personal information
3. Change information displayed on the ‘Kokacharm’
4. Remit or display information (computer
program and others) other than the information put on by the ‘Kokacharm’
5. Infringe copyright or intellectual
property rights of the ‘Kokacharm’ or the Third Party
6. Take any action that harms the
reputation and interrupts the operation of the ‘Kokacharm’ or a Third Party
7. Disclose or display any information
containing indecent or violent message, video, voice, and other information
going against good public order and morals.
Article 21 (Relationship between Linking Kokacharm
& Linked Kokacharm)
① In the event that the main Kokacharm and the sub-Kokacharm are
linked with a hyperlink (ex. the subject of hyperlink includes text, image and
video), the former is called as the Linking Kokacharm (Website) and the latter
is called as the Linked Kokacharm (Website).
② If the Linking Kokacharm specifies and notifies the fact that it is
not responsible for any transaction with the User for any Goods and Services
independently provided by the Linked Kokacharm on the initial page of the
website of the Linking Kokacharm or a pop-up window, then the Linking Kokacharm
is not responsible for such transaction.
Article
22 (Copyright & Limitation of Use)
① The copyright and other intellectual property rights for the works
produced by the ‘Kokacharm’ shall belong to the ‘Kokacharm.’
② The User may not use or cause any Third Party to use information
with intellectual property rights belonging to the ‘Kokacharm’ for reproduction,
transmission, publishing, distribution, broadcasting or other profit-making use
without prior consent of the ‘Kokacharm.’ This included names, designs, patterns, and
packaging. This is a violation of the
copyrights law and is punishable by a fine of up to $100,000 USD and potential
time in jail.
③ The ‘Kokacharm’ shall notify the User when using the copyright belonging to the
applicable User in accordance with mutual T&C.
Article 23 (Resolution of Dispute)
① The ‘Kokacharm’ shall apply and reflect the opinion or complaint made by User(s),
and install and operate a process for compensation of consumers’ damages.
② The ‘Kokacharm’ shall give priority to any opinion or complaint made by User(s).
However, in the event that it may not be able to promptly deal with the matter,
the ‘Kokacharm’ shall notify the User with the cause and
the final settlement schedule.
③ When a User files for Remedy of Damage regarding a dispute between
the ‘Kokacharm’ and the User, the matter may be
commissioned for arbitration by the Fair Trade Commission or a Dispute
Conciliation Services Organization selected by the City Mayor.
Article 24 (Jurisdiction & Governing
Law)
① All e-commerce related lawsuits between the ‘Kokacharm’ and a User shall be in accordance with
the address of the User at the time of indictment. If an address is
nonexistent, then the lawsuit shall fall under exclusive jurisdiction of the
district court in the vicinity of User’s place of residence. In the event that
the address or residence of the User is not clear at the time of indictment or
if User is a foreign resident, the lawsuit shall be filed to the competent
court on the Civil Procedures Code.
② Any and all e-commerce-related lawsuits between the ‘Kokacharm’ and a User shall be governed by the law
of the Republic of Korea.