Article 1 (Purpose)   

The purpose of this Terms of Use is to stipulate the rights, obligations, and responsibilities of the “Mall” and User in use of the Internet-related services (hereinafter referred to as “Service”) provided by the cybermall provided by BrandX Corporation (e-commerce business, hereinafter referred to as “Mall”).

※「This Terms of Use shall also apply to e-commerce transactions using PC communication, wireless, etc., unless otherwise going against its nature.」 

 

① “Mall” means a virtual place of business set to provide goods, etc., or services (hereinafter referred to as “Goods, Etc.”) to the User by using information and communication facilities, such as computers, to transact the good. “Mall” also means a business that operates a cybermall. 

② “User” means members and visitors who access the “Mall” and receive the service provided by the “Mall” pursuant to this Terms of Use. 

③ “Member” means a person registered as a member of the “Mall” and use the service provided by the “Mall” continuously.

④ “Visitor” means a person who uses the service provided by the “Mall” without signing up as a member.

 

① The “Mall” shall post the contents of this Terms of Use, trade name, name of representative, business address (including the address for handling consumer complaints), phone number, email address, business registration number, e-commerce business report number, personal information protection manager, etc., on the initial service screen (front page) of the “Mall” readily available for the “User”. Provided, the User shall be linked to a connected page to view the contents of the Terms of Use.  

② The “Mall” shall separately provide important matters, including withdrawal, delivery responsibility, and refund conditions, among the matters regulated in this Terms of Use and ask consents of the “User”.

③ The “Mall” may amend this Terms of Use unless it violates the related acts, including the [Act on The Consumer Protection in Electronic Commerce, Etc.], [Act on The Regulations of Terms and Conditions], [Framework Act on Electronic Documents and Transactions], [Electronic Financial Transactions Act], [Act on Promotion of Information and Communications Network Utilization and Information Protection], [Act on Door-to-Door Sales, Etc.], and [Framework Act on Consumers].

④ To amend this Terms of Use, the “Mall” shall specify the date of application and reasons of amendment and shall post them with the current Terms of Use on the initial page of the “Mall” from seven (7) days before the application date to the day before the application date. Provided, the “Mall” shall set a grace period of at least 30 days in advance if the amended Terms of Use is disadvantageous to the “User”. In such cases, the “Mall” shall clearly compare the contents before and after the amendment so that the “User” can easily recognize them.

⑤ The amendments in this Terms of Use shall be applied to the contracts signed after the date of application, and the contracts that have been already signed priorly shall be applied with the prior statutes before amendments. Provided, if the “User” who has already signed the contract sends the “Mall” of his or her intention to be applied with the amended statutes within the notification period of amended Terms of Use pursuant to Paragraph (4), the amended statutes shall be applied.       

⑥ If the “Mall” announced or notified the amended Terms of Use, clearly informed that the “User” will be deemed to agree with the amended Terms of Use unless he or she expresses intention within the certain period, but the “Member” does not expressly show intention of refusal, it shall be deemed that the “Member” agreed to the amended Terms of Use. The “Mall” cannot apply the amended Terms of Use if the “Member” does not agree to the application of amended Terms of Uses. In such cases, the “Member” may withdraw the use contract.

⑦ The matters that are not regulated in this Terms of Use and interpretation of this Terms of Use shall be governed by the Act on The Consumer Protection in Electronic Commerce, Etc., Act on The Regulations of Terms and Conditions, Guidelines on Consumer Protection in Electronic Commerce regulated by the Korea Fair Trade Commission, relates statutes, and commercial practice. 

 

① The “Mall” shall fulfill following duties :

1. Provision of goods, etc.,-related information and conclusion of purchase contract
2. Delivery of goods, etc., signed by purchase contract
3. Other duties regulated by the “Mall”

② In cases of sold out, change in technical specification, etc., of the goods, etc., the “Mall” may change the details of goods, etc., to be provided by a contract to be concluded. In such cases, the “Mall” shall immediately specify the details of changed goods, etc., and date of provision on the place of posting the current details of goods, etc.  

③ If “Mall” changes the contents of service signed between the “Mall” and “User” for sold out, change in technical specification, etc., of the goods, etc., the “Mall” shall immediately notify the “User” of the reasons by means prescribed by Article 8 of this Terms of Use.

④ In the event of Paragraph (3), the “Mall” shall compensate the damages to the “User”. Provided, this shall not apply when the “Mall” proves that such a damage was not caused intentionally or negligently.  

 

① The “Mall” may temporarily suspend the provision of service in cases of maintenance, replacement, failure, loss of communication in the information and communication facilities, such as computer.

② The “Mall” shall compensate the damages caused to the “User” or Third Party due to temporary suspension of the service for reasons specified in Paragraph (1). Provided, this shall not apply when the “Mall” proves that such a damage was not caused intentionally or negligently.

③ If “Mall” cannot provide the service due to transition of business item, abandonment of business, integration of companies, etc., the “Mall” shall notify it to the “User” by means prescribed by Article 8.

 

① The “User” shall fill out the member information in the registration form set by the “Mall” and express his or her consent to this Terms of Use, collection, provision, and utilization of personal information to sign up for the membership.  

② When the “Member” register for membership as Paragraph (1), the “Mall” shall register him or her as the member unless he or she falls under any of the following conditions : 

1. Where the applicant lost membership pursuant to Article 7-3 of this Terms of Use. Provided, this shall not apply when he or she obtained permission to re-sign up as the member of the “Mall” three years after losing the membership pursuant to Article 7-3;
2. Where there are any falsehood, omissions, or errors in the registered items;
3. Where there exists any difficulty in member registration for clear technical reasons;
4. Where the applicant is aged under 14 as of membership application date.

③ The membership contract shall be concluded at the point of receiving the permission from the “Mall”. 

④ In cases of any changes in the items registered during the membership sign-up, the “Member” shall inform the “Mall” of such changes by means, such as editing member information, within a reasonable period.  

 

Article 7 (Withdrawal, Disqualification, Etc., of Membership)  

① The “Member” may request the “Mall” to withdraw the membership at any time, and the “Mall” shall immediately withdraw his or her membership. 

② The “Mall” may restrict and suspend the membership if the “Member” falls under any of the following conditions :

1. Where the “Member” dies;
2. Where the “Member” registered any falsehood when signing up for membership;
3. Where the “Member” fails to pay for the amount charged to the “Member” for the purchased goods, etc., or other services provided by the “Mall”;
4. Where the “Member” steals ID, password, or personal information of another person.
5. Where the actions of “Member” fall under any of the following conditions, violate the statutes or this Terms of Use, or go against the public order and good morals;
6. Defaming another person in the page of “Mall” or disrupting another person in using the “Mall”;
7. Posting obscene materials in the page of “Mall” or linking obscene websites.
8. Falling under any of the following conditions or disrupting the business activity and service operation of the “Mall” intentionally :
9. Verbally abusing, threatening, or using obscene words to the employee of the “Mall” in the process of using the “Mall”;
10. Disrupting the service of the “Mall” by habitually or repeatedly cancelling or returning the goods, etc., purchased from the “Mall” without good cause.

③ The “Mall” may disqualify the “Member” if the “Member” conducts the same act more than twice or fails to correct the reason within 30 days from restricting or suspending the membership.

④ When the “Mall” disqualifies membership, the membership registration shall be cancelled. In such cases, the cancellation of membership shall be notified to the “Member,” and a grace period of at least 30 days shall be granted before the membership cancellation so that the “Member” can account the reasons. 

 

① The “Mall” shall notify the “Member” by using the email address designated by the “Member” in advance.

② In cases of notifying many unspecified members and visitors, the individual notification can be replaced by posting the notification in the bulletin board of the “Mall” for at least one (1) week. Provided, matters that significantly impact the transaction of the “Member” shall be individually notified.  

 

① The “User” of the “Mall” shall request purchase by the following means or similar means, and the “Mall” shall provide the following matters so that the “User” can easily recognize them in purchase request :

1. Search and selection of goods, etc.;
2. Input of recipient’s name, address, phone number, or email address (or mobile);
3. Confirmation of matters regarding Terms of Use, service where withdrawal right is restricted, and charge of delivery fee and installation fee;
4. Expression of consent to this Terms of Use and consent or refusal to Paragraph (3) (example : mouse click);
5. Request of goods, etc., purchase, confirmation of purchase request, or consent to confirmation by the “Mall”.
6. Selection of payment method;
7. Other separate procedures prescribed by the “Mall”.

② If the “Mall” provides the personal information of the Purchaser to the Third Party, the “Mall” shall inform the Purchaser of the following items and shall obtain his or her consent : 1) A party provided of personal information, 2) purpose of using personal information by the party provided of the personal information, 3) particulars of provided personal information, 4) period of storing and using personal information by the party provided of personal information. (This shall apply the same when there are any changes in consented matters.)

③ If the “Mall” entrusts the Third Party in handling the personal information of the Purchaser, the “Mall” shall inform the Purchaser of the following items and shall obtain his or her consent : 1) A party provided of personal information, 2) details of personal information entrustment. (This shall apply the same when there are any changes in consented matters.) Provided, if the personal information is necessary to fulfill the service provision contract and enhance convenience of the Purchaser, the notification and consent procedure may be replaced by informing the Purchaser in the Privacy Policy by means prescribed by the Article 26 of the [Personal Information Protection Act].  

 

① The “Mall” may reject the purchase request made in Article 9 when it falls under any of the following conditions. Provided, in cases of concluding a contract with a minor, the “Mall” shall notify that the minor or a legal representative may cancel the contract when the legal representative refuses to grant consent : 

1. Where there are any falsehood, omissions, or errors in the registered items;
2. Where a minor purchases goods, etc., such as cigarette, alcohol, etc., prohibited by the Juvenile Protection Act;
3. Where consenting to the purchase request is deemed difficult for clear technical reasons.

② The contract shall be concluded at the point of delivering the consent of “Mall” to the “User” in the form of confirmation notification.

③ The expression of intent to approve by the “Mall” shall include confirmation of purchase request made by the “User,” availability of sale, and correction and cancellation of purchase request.

 

The payment of goods, etc., purchased from the “Mall” may be made by any of the following available methods. Provided, the “Mall” cannot charge any extra fee in addition to the price of the goods, etc., in the payment method chosen by the “User”.  

1. Account transfers, including online deposit without bankbook, phone banking, Internet banking, and mail banking;
2. Card payments, including prepaid card, debit card, and credit card;
3. Payment by e-cash;
4. Payment by point that “Mall” provided;
5. Payment by gift card that “Mall” signed contract with or approved;
6. Payment by other electronical payment methods.

 

① The “Mall” shall notify the receipt confirmation to the “User” for the purchase request.

② When “User” receives the receipt confirmation notification and disagrees with the expression of intent, the “User” may immediately request change and cancellation of purchase request. If purchase request is made by the “User” before shipping, the “Mall” shall handle the request promptly. Provided, it shall be handled in accordance with the Article 15 (Cancellation) when the payment is has been already made. 

 

① The “Mall” shall take necessary measures, including custom order, packaging, etc., to deliver the goods, etc., within seven (7) days from the purchase unless the period of goods supply is regulated separately. Provided, if the “Mall” already received the payment of goods, etc., wholly or partially, the “Mall” shall take measures within three (3) business days from receiving the whole or partial payment. In such cases, the “Mall” shall take an adequate measure so that the “User” can check the goods supply procedure and progress.   

② The “Mall” shall state the delivery mean, payer of the delivery fee for each delivery mean, and delivery period of each mean for the goods, etc., purchased by the “User”. If the “Mall” delays the stated delivery period, the “Mall” shall compensate the damages caused. Provided, this shall not apply when the “Mall” proves that such a damage was not caused intentionally or negligently.

 

Article 14 (Refund)   

If the “Mall” cannot transfer or provide the purchased goods, etc., due to sold out, etc., the “Mall” shall promptly notify the “User” of the reasons. If the payment has been made in advance, the “Mall” shall refund or take measures necessary for refund within three (3) business days from receiving the payment.

① The “User” who signed a goods purchase contract with the “Mall” may cancel the contract within seven (7) days from receiving a written statement on contract pursuant to Article 13-2 of the [Act on The Consumer Protection in Electronic Commerce, Etc.] (the day of receiving the goods, etc., or the day of starting the goods supply if the goods, etc., are supplied later than the date of receiving the written statement). Provided, the termination shall be governed by the [Act on The Consumer Protection in Electronic Commerce, Etc.,] when it is separately regulated in the Act. 

② After receiving the goods, etc., the “User” cannot refund or exchange the goods, etc., when it falls under any of the following conditions :

1. Where the goods, etc., have been destroyed or damaged due to a cause attributable to the “User” (Provided, this shall not apply where the package, etc., has been damaged to check the contents of the goods, etc.);
2. Where the value of the goods, etc., has substantially decreased due to use or partial consumption by the “User”;
3. Where the value of the goods, etc., has substantially decreased due to the elapse of time, making resale difficult or impossible;
4. Where the package of the goods, etc., copiable to the goods, etc., of the same performance, has been destroyed;
5. Where the transaction of the goods, etc., separately produced upon the order is notified separately and obtained a written consent (including electronic documents) from the “User”.

③ In cases of Article 2-2 or Article 2-4, the cancellation by the “User” shall not be restricted when the “Mall” did not take measures, such as clearly indicating the fact on the limitation of cancellation in a place where the “User” can easily recognize, or providing free samples. 

④ Notwithstanding a regulation made under Paragraph (1) and Paragraph (2), where the contents of the goods, etc., are different from what was indicated or advertised, or have been performed differently from the terms of the contract, the “User” may cancel the order, etc., within three (3) months from the date of receiving the goods, or within 30 days from the date he or she knew or could have known such fact.

 

① When the goods, etc., are returned, the “Mall” shall refund the price of goods, etc., within three (3) business days. In such cases, if the “Mall” delays the refund to the “User,” the “Mall” shall pay a penalty interest for delay calculated by multiplying the interest rate prescribed by the Article 21-3 of [Enforcement Decree of the Act on The Consumer Protection in Electronic Commerce, Etc.].

② In making a refund, where the “User” has paid the price of the goods, etc., by credit card or other means of settlement prescribed by the Presidential Decree, the “Mall” shall promptly request a business operator who has supplied the relevant means of settlement to stop or cancel the request for payment.  

③ In cases of cancellation, etc., of an order, the “User” shall bear the expenses for returning the goods, etc., supplied. The “Mall” shall not request the “User” to pay either the penalty or compensation for cancellation, etc., of the order. Provided, the “Mall” shall bear the expenses for returning the goods, etc., supplied when the cancellation, etc., are made because the contents of the goods, etc., are different from what was indicated or advertised, or have been performed differently from the terms of contract.  

④ If the “User” bears the delivery fee for receiving the goods, etc., the “Mall” shall clearly notify who bears the cost of cancellation so that the “User” can easily recognize it.

⑤ If the “User” received reward points, gifts, etc., for purchase of goods, the “User” shall return them to the “Mall” to cancel the order.

 

① In collecting the personal information of the “User,” the “Mall” shall collect the minimum personal information to the extent necessary for providing the service.

② The “Mall” shall not collect the information necessary for purchase contract fulfillment in advance when signing up for membership. Provided, this shall not apply when the “Mall” collects the minimum specific personal information for identification before purchase contract in order to fulfill the duties of related statutes. 

③ The “Mall” shall inform and obtain consent from the “User” in collecting and using his or her personal information.

④ The “Mall” shall not use the collected information for purposes other than the intended purpose. In cases of using personal information for a new purpose or providing the personal information to the Third Party, the “Mall” shall inform and obtain the consent from the “User” on the purpose in the use and provision of personal information. Provided, this shall not apply when otherwise prescribed by the related statutes.

⑤ When the “Mall” obtains the consent from the “User” pursuant to Paragraph (3) and Paragraph (4), the “Mall” shall clarify or notify the matters regulated by the related statutes, including the information of personal information protection manager (affiliation, name, phone number, other contacts), purpose of collecting and using information, and matters regarding information provided to the Third Party (provided party, purpose of provision, particulars of provided information) in advance. The “User” may withdraw his or her consent anytime. 

⑥ The “User” may request access and correction of error in his or her personal information anytime, and the “Mall” is responsible to take a necessary measure without delay. When the “User” requests correction of the error, the “Mall” shall not use the personal information before correcting the error.  

⑦ The “Mall” shall limit the number of a person handling the personal information of the “User” to a minimum to protect the personal information. The “Mall” shall be responsible for damages caused to the “User” for loss, stealing, exposure, unauthorized provision to Third Party, and falsification of the personal information, including credit card and bank account.

⑧ The “Mall” or Third Party receiving personal information from the “Mall” shall destroy the personal information without delay after achieving the purpose of collecting or providing the personal information.

⑨ The “Mall” shall not preselect consent in a check box for consent to collection, use, and provision of personal information. The “Mall” shall specify the services limited to “User” for his or her refusal to grant consent to collection, use, and provision of personal information. The membership and other services shall not be limited or refused for refusing to grant his or her consent to the collection, use, and provision of optional personal information.    

 

① The “Mall” shall not be engaged in the acts prohibited by this Terms of Use or acts going against the public order and good morals, and shall do its best to provide the goods and service continuously and stably as prescribed by this Terms of Use.

② The “Mall” shall be equipped with a security system to protect the personal information (including credit information) of the “User” for safe use of the Internet service.

③ The “Mall” shall compensate the damages caused to the “User” for unjust indication or advertisement of goods or services pursuant to Article 3 of [Fair Labelling and Advertising Act]. 

④ The “Mall” shall not send the “User” of the unwanted advertising e-mail for pursuit of profit.

 

① The “Member” shall be responsible for management of ID and password except the cases of Article 17.

② The “Member” shall not have the Third Party use his or her ID and password.

③ If the “Member” has realized that his or her ID or password have been stolen or are used by the Third Party, the “Member” shall notify the “Mall” immediately and follow the instruction of the “Mall”. 

 

The “User” shall not do any of the following acts :   

1. Registering, applying, or changing false personal information;
2. Illegally using name or card information of others to purchase goods or using the services of the “Mall” by pretending to purchase goods;
3. Using an unauthorized method (including computer program) to use the service or access the system instead of using the means provided by the “Mall”;
4. Infringing the intellectual property rights, including the copyright, of the “Mall” or Third Party;
5. Defaming or disrupting the business of the “Mall” or Third Party;
6. Disclosing or posting obscene or violent message, clip, audio, or other information that go against the public order and good morals.

 

① When the upper mall and lower mall are connected via hyperlink (example : hyperlink includes letter, image, and video), etc., the former and latter shall be referred to as “Connecting Mall” (website) and “Connected Mall” (website) respectively.

② The “Connected Mall” shall be independently operated by the “Connected Mall,” and the “Connecting Mall” shall not be responsible for guarantee of the transaction with the “User” for the goods, etc., provided by the “Connected Mall”.   

 

① The copyright and other intellectual property rights for the copyrighted work prepared by the “Mall” shall belong to the “Mall”.

② Among information obtained by using the “Mall,” the “User” shall not use the copyrighted information of the “Mall” by means of copying, transmitting, publishing, distributing, broadcasting, etc., for the pursuit of profit or have the Third Party use it without a prior consent of the “Mall”.   

③ The copyright and all responsibilities of the posting (image, video, portrait, text, etc.) that the “User” uploaded in the “Mall” shall belong to the “User”. Provided, the “Mall” shall be granted the right to use (a free license without limitation in period and area), including copying, distribution, editing, saving, public transmission, display, and derivative work, for the posting (image, video, portrait, text, etc.). The “Mall” may use the posting uploaded by the “User” or expose the posting to the affiliated channels of the “Mall” for service operation, goods promotion, advertising, and other marketing purposes.   

④ The “User” agrees to exempt and compensate the “Mall” and executives and employees of the “Mall” against all claims, responsibilities, and damages including but not limited to the claims for misleading advertising, copyright, privacy infringement, portrait right, authorship right infringement, and defamation relevant to the posting directly uploaded by the “User”.

 

① The “Mall” install and operate a customer service center as a compensation handling organization to reflect the justifiable opinions or complaints raised by the “User” and compensate the damages. 

② The “Mall” shall preferentially handle the complaints and opinions raised by the “User”. Provided, if it is difficult to handle them promptly, the “Mall” shall immediately notify the “User” of its reasons and handling schedule.

③ Where a request for relief is filed by the “User” for the disputes in electronic commerce transaction between the “Mall” and “User,” it may be governed by the Fair Trade Commission or a mediation organization requested by the mayor/Do governor.     

 

① In the lawsuit for the disputes in electronic commerce transaction between the “Mall” and “User,” the district court with jurisdiction over the address of the “User” at the time of filing a lawsuit shall be the competent court. In the absence of the address, the district court with jurisdiction over the residence of the “User” shall be the competent court. Provided, where the address or residence of the “User” is not evident or the residence is in overseas, the lawsuit shall be filed to the competent court pursuant to the Civil Procedure Code.  

② The matters relevant to this Terms of Use shall be governed by the law of the Republic of Korea.

 

① The “Mall” may operate a reward point system and a coupon system, and the matters regarding the saving and use of the reward points and coupons (hereinafter referred to as “Reward Point, Etc.,”) shall be governed by this Terms of Use or announcement made by the “Mall”. 

② A “Reward Point” means a non-cash payment mean saved through purchase of goods, etc., event participation, etc. A “Coupon” means a mean to receive discount for the specific amount or specific discount proportion in accordance with the policy of the “Mall”.

③ The “Reward Point, Etc.,” can be used with other payment means, but it cannot be used for the specific goods, etc., that “Mall” announced in advance. The “Reward Point, Etc.,” cannot be exchanged with cash. 

④ The reward point, etc., will be used in the order of shorter remaining expiration period.

⑤ If the “Member” obtains the reward point, etc., by unauthorized means or if the reward point, etc., is paid for technical error in computer system or other abnormal means, the “Mall” may restrict use or collect the reward point, etc. 

⑥ The “Member” cannot transfer the reward point, etc., to the Third Party, and the reward point, etc., cannot be inherited, donated, or traded.

⑦ The expiration period of the reward point shall be one (1) year from the date of receiving the reward point. Provided, the expiration period of the reward point granted by designating the specific expiration period in advance shall be in accordance with the priorly designated expiration period. The “Member” may access [My Page > Reward Point Details] to check the reward point details and expiration period.  

⑧ The reward point shall automatically disappear when it falls under any of the following conditions :

1. Where the reward point expired;
2. Where the account is converted to a dormant member for not logging in for over 1 year;
3. Where the “Member” withdrew or membership registration expired pursuant to Article 7 of this Terms of Use.

⑨ The “Mall” may use means, including notification message, text message, e-mail, on saving and expiration of the reward point, etc. Provided, this does not mean that the “Mall” is responsible to notify the saving and expiration of the reward point, etc. 

 

① If the “Mall” cannot provide the service due to natural disaster or equivalent force majeure, the “Mall” shall be exempted from the liability.

② The “Mall” shall not be responsible for the service failure caused by reasons attributable to the “User”.

 

This Terms of Use shall enter into force on [May 10, 2016].

This Terms of Use shall enter into force on August 19, 2024.