Article 1 (Purpose)
The purpose of this Agreement is to prescribe the rights, duties, and responsibilities of cyber malls and users in the use of Internet-related services (hereinafter referred to as "services") provided by the Hanbyul Optical Co., Ltd. Cyber Mall (hereinafter referred to as the "mall") operated by the Hanbyul Optical (e-commerce business operator).
※ This Agreement shall apply to e-commerce using PC communication, wireless, etc. unless it is contrary to its nature.」
Article 2 (Definitions)
1 The term "mall" means a virtual place of business where Hanbyul Optical can trade goods, etc. using information and communication facilities such as computers to provide goods or services (hereinafter referred to as "goods, etc.") to users, and it is also used in the meaning of the operator of the cyber mall.
2 "User" means members and non-members who access the "Mall" and receive services provided by the "Mall" under this Agreement.
3 The term "member" means a person who has registered (delete) membership in the "mall" and who can continue to use the services provided by the "mall".
4 'Non-member' refers to a person who uses the services provided by the "mall" without joining the membership.
Article 3 (statement, explanation, and revision of terms and conditions, etc.
1 "Mall" is posted on the initial service screen (front) of the Hanbyul Optical Cyber Mall so that users can easily understand the contents of this Agreement, the name of the customer, the address of the place of business (including the address of the place where consumers can handle their complaints), phone number, facsimile number, business registration number, telecommunication business report number, and personal information protection manager. However, the contents of the terms and conditions can be viewed by the user through a connected screen.
2 "Before the user agrees to the terms and conditions, the company shall provide a separate connection screen or pop-up screen so that the users can understand important contents such as withdrawal of subscription, delivery responsibility, and refund conditions.
3 "Mall" may amend this Agreement to the extent that it does not violate the 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 Electronic Transactions, the Electronic Signatures Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act, and the Framework Act on Consumers.
4 If the "Mall" is amended, the date of application and the reason for revision shall be specified and announced on the initialized page of the Mall along with the current terms and conditions from 7 days before the date of application to the day before the date of application. However, if the details of the terms and conditions are changed against the user, a grace period of at least 30 days shall be given. In this case, the "mall" clearly compares the contents before and after the revision to make it easier for users to understand.
5 If the terms and conditions of the "Mall" are amended, the amended terms and conditions shall apply only to contracts concluded on or after the date of application, and the terms and conditions before the amendment shall apply to contracts already concluded. However, if a user who has already entered into a contract sends his/her intention to be subject to the amended terms and conditions to the "mall" within the notice period of the amended terms and conditions under paragraph (3), the amended terms and conditions shall apply.
6 Matters not prescribed in this Agreement and the interpretation of this Agreement shall be governed by the Consumer Protection Act in e-commerce, the Regulations on Terms and Conditions, the Guidelines for Consumer Protection in e-commerce, etc. as prescribed by the Fair Trade Commission, and related statutes or correlations.
Article 4 (Providing and Changing Services)
1 "Mall" performs the following tasks:
1. Providing information on goods or services and entering into a purchase contract;
2. Shipping of goods or services to which a purchase contract has been concluded
3. Other "mall"-determined tasks
2 "Mall" may change the contents of goods or services to be provided under the contract in the future in the event of a shortage of goods or services or a change in technical specifications. In this case, the contents of the changed goods or services and the date of delivery are immediately notified to the place where the current goods or services are posted.
3 If "Mall" changes the contents of the service contracted with the user for reasons such as shortage of goods, etc. or change of technical specifications, the reason shall be immediately notified to the user by the address available for notification.
4 In the previous paragraph, the "mall" shall compensate the user for the damage caused by this. However, this is not the case if the "mall" proves that there is no intention or negligence.
Article 5 (Suspension of Service)
1 "Mall" may temporarily suspend the provision of services in the event of maintenance inspection, replacement, breakdown, communication failure, etc. of information and communication facilities such as computers.
2 "Mall" shall compensate the user or a third party for damages caused by the temporary suspension of service provision due to the reasons referred to in paragraph 1. However, this is not the case if the "mall" proves that there is no intention or negligence.
3 In the event that the service cannot be provided due to the conversion of business items, abandonment of business, or integration between companies, the "Mall" shall notify the user by the method prescribed in Article 8 and compensate the consumer according to the conditions set out in the original "Mall". However, if the "Mall" does not notify the compensation criteria, the users' mileage or reserves will be paid to the users in kind or cash corresponding to the currency value used in the "Mall".
Article 6 (Enrollment of Members)
1 The user enters the membership information in accordance with the subscription form set by the "Mall" and signs that he/she agrees to the terms and conditions to apply for membership registration.
2 "Mall" shall be registered as a member unless it falls under any of the following among users who have applied to join as a member as shown in paragraph (1):
1. Where an applicant for membership has previously lost his/her membership pursuant to Article 7 (3) of this Agreement, the foregoing shall not apply where three years have elapsed since the loss of his/her membership under Article 7 (3).
2. In case there is a false, omitted entry or error in the registration;
3. Where it is deemed that registration as another member is significantly impaired by the technology of the "mall".
3 The time when the membership contract is established shall be when the acceptance of the "mall" has reached the member.
4 If there is a change in the registered matters at the time of signing up, the member shall notify the "Mall" of the change by modifying the member information within a considerable period of time.
Article 7 (Member withdrawal, loss of qualification, etc.)
1 A member may request a withdrawal from the "Mall" at any time, and the "Mall" shall process the withdrawal immediately.
2 If a member falls under any of the following reasons, the "mall" may restrict or suspend membership:
1. Where false information is registered at the time of application for membership;
2. Where the member fails to pay the payment for goods, etc. purchased using the "mall" or other debts owed by the member in connection with the use of the "mall" on the date of the payment;
3. Threatening the order of e-commerce, such as obstructing others' use of "mall" or stealing such information;
4. Where a statute or this Agreement prohibits or acts contrary to the public domain by means of a "mall"
3 If the same act is repeated more than twice or the reason is not corrected within 30 days after the "Mall" restricts or suspends membership, the "Mall" may lose its membership.
4 If the "Mall" loses its membership, cancel the membership registration. In this case, the member shall be notified and the member shall be given the opportunity to explain for at least 30 days prior to the cancellation of membership registration.
Article 8 (Notice of Members)
1 If the "Mall" notifies the member, the member may make an agreement with the "Mall" to the designated e-mail address.
2 "Mall" can be substituted for individual notification by posting it on the "Mall" bulletin board for more than one week for notification to unspecified members. However, individual notices are given regarding matters that have a significant impact on the member's own transactions.
Article 9 (Application for Purchase)
1 Users of "Mall" shall apply for purchase on the "Mall" in the following or similar manner, and "Mall" shall provide the following details in the purchase application.
1. Searching for and selecting goods, etc.
2. Entering the recipient's name, address, phone number, e-mail address (or mobile phone number) etc.
3. Check the details of the terms and conditions, services restricted from withdrawal of subscription, shipping and installation costs, etc.
4. Marks agreeing to these Terms and Conditions and confirming or rejecting the above paragraph 3. (e.g., click the mouse)
5. Agreement on the application for purchase of goods, etc. and the confirmation of such goods or "mall"
6. Selecting a payment method
2 If the "Mall" needs to provide and entrust the purchaser's personal information to a third party, the purchaser's consent shall be obtained upon actual purchase application, and comprehensive consent shall not be obtained when signing up as a member. At this time, the "Mall" shall specify to the purchaser the personal information items provided, the purpose of the personal information use of the recipient, and the period of possession and use of the personal information. However, if there is any other provision in the relevant statutes, such as the consignment of personal information processing under Article 25 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., it shall be followed.
Article 10 (Article of Contracts)
1 "Mall" may not accept the purchase application as shown in Article 9 if it falls under any of the following: However, if a contract is concluded with a minor, the minor himself or his legal representative shall be notified that the contract can be canceled if the consent of the legal representative is not obtained.
1. Where there is a false, omission or error in the application;
2. Where a minor purchases goods and services prohibited by the Juvenile Protection Act, such as tobacco, alcohol, etc.;
3. Where it is deemed that acceptance of other purchase applications is significantly impeded by the "mall" technology;
2 A contract shall be deemed to have been established at the time when the acceptance of the "Mall" has been reached to the user in the form of a receipt notification under Article 12 (1).
3 The approval of the "Mall" shall include information on the confirmation of the purchase application and availability of the user's purchase application, cancellation of the correction of the purchase application, etc.
Article 11 (Method of Payment)
The payment method for goods or services purchased at the "Mall" may be used in the following methods: However, the "mall" shall not collect any nominal fees for the payment of goods, etc. for the user's payment method.
1. various account transfers, such as phone banking, Internet banking, and mail banking.
2. Payment by various cards, such as prepaid cards, debit cards, credit cards, etc.
3. Deposit without online bankbook
4. Payment by electronic currency
5. Payment upon receipt
6. Payment by points paid by "mall" such as mileage
7. Payment by gift certificates that have been contracted with or recognized by "mall"
8. Payment by other electronic means of payment, etc.
Article 12 (Receipt notification, change or cancel purchase application)
1 The "Mall" notifies the user of the receipt confirmation when there is an application for purchase.
2 The user who has received the receipt confirmation notice may request the change or cancel of the purchase application immediately after receiving the receipt confirmation notice, and the "mall" shall be processed without delay if requested by the user prior to delivery. However, if the payment has already been made, it shall be governed by the provisions of Article 15 on withdrawal of subscription, etc.
Article 13 (supply of goods, etc.)
1 "Mall" shall take other necessary measures such as custom manufacture, packaging, etc. so that goods can be delivered within 7 days from the date of the user's subscription, unless there is a separate agreement with the user regarding the timing of supply of goods, etc. However, if the "mall" has already received all or part of the payment for goods, etc., it shall take action within three business days from the date of receipt of all or part of the payment. At this time, the "mall" takes appropriate measures to ensure that the user can check the supply procedures and progress of the goods.
2 "Mall" specifies the delivery method, delivery cost by means, delivery period by means, etc. for goods purchased by users. If the "mall" exceeds the agreed delivery period, the user shall compensate for the damage caused by it. However, this is not the case if the "mall" proves that there is no intentional or negligence.
Article 14 (Refund)
"Mall" notifies the user without delay when the goods, etc. requested by the user cannot be delivered or provided due to shortage or other reasons, and if the user receives the goods, etc. in advance, the refund shall be made within three working days from the date of receipt of the payment or take necessary measures for the refund.
Article 15 (Subscription withdrawal, etc.)
1 Users who have signed a contract with "Mall" for purchasing goods, etc. may withdraw their subscription within seven days from the date they receive a letter of the contract under Article 13 (2) of the Consumer Protection in Electronic Commerce, etc. Act (referring to the date on which they receive goods, etc. or supply of goods, etc. has been made later than when they receive the letter). However, if the Act on the Protection of Consumers in Electronic Commerce, etc. stipulates otherwise with respect to the withdrawal of subscription, the provisions of this Act shall apply.
2 Users are not allowed to return goods or exchange goods in any of the following cases:
1. In the event that goods, etc. are lost or damaged due to a responsible reason to the user (However, if packaging, etc. is damaged to check the contents of goods, etc., the subscription can be withdrawn.)
2. Where the value of goods, etc. has decreased significantly due to the use of users or some consumption;
3. Where the value of goods, etc. has decreased significantly over time to the extent that resale is difficult;
4. In the case of damage to the packaging of the original good, etc., where it is possible to duplicate goods, etc. with the same performance;
3 In the case of paragraph (2) 2 through 4, users' withdrawal of subscription is not restricted unless the "mall" has been specified in a place where consumers can easily see that withdrawal of subscription is restricted in advance.
4 Notwithstanding the provisions of paragraphs 1 and 2, users may withdraw their subscription within three months from the date of receipt of the relevant goods, etc. or within 30 days from the date of receipt of the relevant goods or other goods or from the date of being known or known.
Article 16 (Effects of withdrawal of subscription, etc.)
1 "Mall" will refund the payment of goods, etc. already paid within 3 business days if the goods are returned from the user. In this case, when the "mall" delays the refund of goods, etc., the delayed interest calculated by multiplying the delayed interest rate (partial deletion of brackets) prescribed in Article 21-2 of the Enforcement Decree of the Consumer Protection Act in Electronic Commerce, etc. is paid to the users.
2 "Mall" requests the business operator who provided the payment method to suspend or cancel the claim for the goods or other payment without delay when the user pays the payment by credit card or electronic currency in return for the above payment.
3 In the case of withdrawal of subscription, the user shall bear the expenses necessary for the return of goods, etc. supplied. "Mall" does not claim any penalty or damages to the user due to withdrawal of subscription. However, if the contents of the goods, etc. are different from the contents of the display and advertisement, or if the subscription is withdrawn due to the performance of the contents of the contract, the "mall" shall bear the expenses necessary for the return of the goods, etc.
4 If the user pays for shipping when receiving goods or other goods, the "Mall" clearly indicates who pays for the shipping cost when the subscription is withdrawn.
Article 17 (Personal Information Protection)
1 "Mall" collects the minimum amount of personal information necessary for providing services when collecting personal information of users.
2 "Mall" does not collect information necessary to carry out purchase contracts in advance when signing up as a member. However, this is not the case when collecting at least specific personal information as it is necessary to verify the identity before the purchase contract for the performance of obligations under the relevant statutes.
3 "Mall" notifies the users of the purpose of collecting and using their personal information and obtains their consent.
4 The "Mall" shall not use the collected personal information for any purpose other than the intended purpose. In the event of a new purpose of use or provision to a third party, the purpose shall be notified and agreed to by the relevant user during the use and provision stages. However, this shall not apply to cases where there is a difference in the relevant statutes.
5 If the "Mall" requires the user's consent pursuant to paragraphs (2) and (3), the information provided by Article 22 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection shall be notified in advance or withdrawn at any time, including the identity of the person in charge of personal information protection (affiliated, name and telephone number, other contact information), the purpose of collecting and use of information, and the information to be provided to third parties.
6 The user may request that the personal information of the "Mall" be read and corrected at any time, and the "Mall" shall be obliged to take necessary measures without delay. If the user requests correction of the error, the "mall" does not use the personal information until the error is corrected.
7 "Mall" shall limit the users who process the users' personal information to a minimum for personal information protection and shall be fully responsible for damages caused by loss, theft, leakage, provision of unauthorized third parties, tampering, etc. of the users' personal information, including credit cards, bank accounts, etc.
8 A third party that has received personal information from "Mall" or others shall destroy the personal information without delay when it meets the purpose of collecting or receiving personal information.
9 "Mall" does not set the consent column for the collection, use, and provision of personal information as preselected. In addition, the service specifically specifies the services restricted when users refuse to agree to collect, use, and provide personal information, and the service provision, such as membership, is not restricted or refused on the grounds that the users refuse to agree to the collection, use, and provision of personal information other than the mandatory collection items.
Article 18 (Duties of the Mall)
1 "Mall" shall not be prohibited by the Act and this Agreement or engage in acts contrary to the public domain and shall do its best to provide goods and services continuously and stably as provided by this Agreement.
2 "Mall" shall have a security system for protecting users' personal information (including credit information) so that users can safely use Internet services.
3 "Mall" shall be responsible for compensation for damages caused by unfair display or advertising activities prescribed in Article 3 of the Act on the Fairness of Indications and Advertisements.
4 "Mall" does not send commercial e-mail that the user does not want.
Article 19 (Duties to the Member's ID and Password)
1 Except in the case of Article 17, the member shall be responsible for the management of ID and password.
2 Members shall not allow third parties to use their ID and password.
3 If a member recognizes that his/her ID and password have been stolen or is being used by a third party, he/she shall notify the "Mall" immediately, and if there is a "Mall", he/she shall follow the instructions.
Article 20 (User's Duty)
The user shall not do the following:
1. Registration of false information upon application or modification;
2. Stealing other people's
3. Change the information posted on the "mall"
4. Send or post information (such as computer programs) other than those prescribed by the "mall".
5. Infringement of intellectual property rights, such as "mall" and other copyrights of third parties.
6. "Mall" or any act of damaging or obstructing the honor of a third party;
7. Disclosure or posting of obscene or violent messages, images, voices, or other information against the public domain in the mall;
Article 21 (The relationship between the connecting"mall"and the connecting"mall"mall"
1 If the parent "mall" and the child "mall" are linked by hyperlinks (for example, the target of a hyperlink includes letters, pictures, and fairy tales), the former is called the link "mall" (website) and the latter is called the connection "mall".
2 The connection "mall" shall not be liable for the guarantee of the transaction performed with the user by the goods provided independently by the "mall" or the initial screen of the connection "mall" or the pop-up screen at the time of connection.
Article 22 (Restriction on the attribution and use of copyright)
1 Copyrights and other intellectual property rights to works by "Mall" belong to "Mall".
2 Users shall not use the information obtained by using "mall" for profit-making purposes or use it to a third party by means of duplication, transmission, publication, distribution, broadcasting or other means without prior consent of "mall".
3 "Mall" shall notify the user of the copyrights attributable to the user in accordance with the agreement.
Article 23 (Dispute Resolution)
1 "Mall" establishes and operates a damage compensation treatment device to reflect legitimate opinions or complaints raised by users and to compensate for such damages.
2 "Mall" deals with complaints and opinions submitted by the user first. However, if it is difficult to process it promptly, the user will be notified of the reason and the processing schedule immediately.
3 In the event of a user's request for damage relief in connection with an e-commerce dispute between the "Mall" and the user, the dispute settlement agency requested by the Fair Trade Commission or the Mayor/Do Governor may comply with the mediation.
Article 24 (Trial Rights and Compliance Laws)
1 A lawsuit concerning the e-commerce dispute between the "mall" and the user shall be filed by the user's address at the time of the complaint, and if there is no address, it shall be the exclusive jurisdiction of the local court having jurisdiction over the residence. However, if the user's address or residence is not clear at the time of filing a complaint, or in the case of a foreign resident, it shall be filed with the competent court under the Civil Procedure Act.
2 Korean law applies to e-commerce lawsuits filed between "Mall" and users.