Terms of Service
Article 1 (Purpose)
These terms and conditions are intended to regulate the rights, obligations, and responsibilities of the cyber mall and users in using the Internet-related services (hereinafter referred to as “services”) provided by Ardenshop Cyber Mall (hereinafter referred to as “Mall”) operated by Ardenshop Company (e-commerce business operator).
※「These terms and conditions shall apply to e-commerce using PC communication, wireless, etc., unless they are in conflict with their nature.」
Article 2 (Definition)
① “Mall” refers to a virtual business establishment established by Ardenshop Company to enable users to trade goods, etc. using information and communication equipment such as computers in order to provide goods or services (hereinafter referred to as “goods, etc.”) to users, and is also used to refer to the business operator operating the cyber mall.
② “User” refers to members and non-members who access the “Mall” and receive services provided by the “Mall” in accordance with these terms and conditions.
③ “Member” refers to a person who has registered as a member of the “Mall” and can continuously use the services provided by the “Mall.”
④ ‘Non-member’ refers to a person who uses the services provided by the “Mall” without registering as a member.
Article 3 (Specification, explanation and revision of terms and conditions, etc.)
① “Mall” shall post the contents of these terms and conditions, the name and representative name, address of the business location (including the address of the place where consumer complaints can be handled), telephone number, facsimile number, e-mail address, business registration number, mail-order business report number, personal information management officer, etc. on the initial service screen (front) of the 00 Cyber Mall so that users can easily see them. However, the contents of the terms and conditions may be made available for users to view through the connection screen.
② “Mall” must obtain the user’s confirmation by providing a separate link screen or pop-up screen, etc., so that the user can understand important contents of the terms and conditions, such as cancellation of subscription, delivery responsibility, and refund conditions, before the user agrees to the terms and conditions.
③ “Mall” may revise these terms and conditions to the extent that it does not violate related laws, such as the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the Electronic Documents and Electronic Transactions Basic Act, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Door-to-Door Sales, etc., and the Consumer Protection Act.
④ When “Mall” revises the terms and conditions, it shall post the effective date and reason for revision on the mall’s home screen along with the current terms and conditions from 7 days prior to the effective date until the day before the effective date. However, in case the terms and conditions are changed in a way that is disadvantageous to the user, it shall post a notice at least 30 days in advance. In this case, “Mall” shall post the contents before and after revision. The contents are clearly compared and displayed so that users can easily understand them.
⑤ If the “Mall” revises the terms and conditions, the revised terms and conditions shall only apply to contracts concluded after the date of application, and the terms and conditions prior to revision shall be applied to contracts already concluded before that date. However, if a user who has already concluded a contract wishes to be subject to the revised terms and conditions, the revised terms and conditions shall apply if the user sends a notice to the “Mall” within the notice period of the revised terms and conditions pursuant to Paragraph 3 and receives the consent of the “Mall.”
⑥ 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, etc., the Act on Regulation of Terms and Conditions, the Consumer Protection Guidelines in Electronic Commerce, etc. established by the Fair Trade Commission, and related laws and regulations or customary practices.
Article 4 (Provision and Change of Services)
① The “Mall” performs the following tasks:
1. Provision of information on goods or services and conclusion of purchase contracts
2. Delivery of goods or services for which a purchase contract has been concluded
3. Other tasks determined by the “Mall”
② The “Mall” shall provide services in the event of a shortage of goods or services or In the event of changes in technical specifications, etc., the contents of goods or services to be provided under a contract to be concluded in the future may be changed. In this case, the contents of the changed goods or services and the date of provision shall be immediately notified in the place where the contents of the current goods or services are posted.
③ In the event that the contents of the service that the “Mall” has contracted to provide to the user are changed due to reasons such as the goods being out of stock or changes in technical specifications, the reason shall be immediately notified to the user at a notifiable address.
④ In the case of the preceding paragraph, the “Mall” shall compensate for any damages incurred by the user as a result. However, this shall not apply if the “Mall” proves that there was no intent or negligence.
Article 5 (Suspension of Service)
① The “Mall” may temporarily suspend the provision of services in the event of maintenance, inspection, replacement, and failure of information and communication equipment such as computers, or interruption of communication.
② The “Mall” shall compensate for any damages incurred by the user or a third party due to the temporary suspension of the provision of services for the reasons set forth in Paragraph 1. However, this shall not apply if the “Mall” proves that there was no intent or negligence. No.
③ In the event that the service cannot be provided due to reasons such as change in business type, abandonment of business, or integration between companies, the “Mall” shall notify the user in the manner prescribed in Article 8 and compensate the consumer according to the conditions initially presented by the “Mall.” However, in the event that the “Mall” fails to notify the compensation criteria, etc., the “Mall” shall pay the user’s mileage or accumulated points, etc. in kind or in cash equivalent to the currency value used in the “Mall.”
Article 6 (Membership Registration)
① Users apply for membership by filling out the membership information in the registration form prescribed by the “Mall” and expressing their intention to agree to these Terms and Conditions.
② The “Mall” shall register as a member a user who has applied for membership as per Paragraph 1, unless they fall under any of the following items:
1. If the applicant has previously lost membership qualifications pursuant to Article 7, Paragraph 3 of these Terms and Conditions, however, this shall not apply if the applicant has lost membership qualifications pursuant to Article 7, Paragraph 3 and has obtained the “Mall’s” approval for re-registration as a member after 3 years have passed.
2. If the registration information is false, In case of omission or error in the description
3. In case it is judged that registering as a member significantly hinders the technology of the “Mall”
③ The time of establishment of the membership contract is when the “Mall”’s approval reaches the member.
④ If there is a change in the information registered at the time of membership registration, the member must notify the “Mall” of the change within a reasonable period of time by means of modifying the member information, etc.
Article 7 (Withdrawal of membership and loss of qualification, etc.)
① Members may request withdrawal from the “Mall” at any time, and the “Mall” will immediately process the withdrawal.
② In case a member falls under any of the following reasons, the “Mall” may restrict or suspend the member’s qualification.
1. In case of registering false information when applying for membership
2. In case of not paying the price of goods purchased using the “Mall” or other debts borne by the member in relation to the use of the “Mall” by the due date
3. In case of threatening the order of e-commerce by interfering with another person’s use of the “Mall” or stealing the information
4. In case of using the “Mall” to violate laws or these Terms and Conditions or In the event of an act that violates public order and morals
③ If the “Mall” restricts or suspends membership and the same act is repeated more than twice or the reason is not corrected within 30 days, the “Mall” may revoke the membership.
④ If the “Mall” revoke the membership, the membership registration will be canceled. In this case, the member will be notified and given at least 30 days to explain before the cancellation of the membership registration.
Article 8 (Notice to Members)
① If the “Mall” notifies a member, it may do so by sending an e-mail address that the member has agreed upon with the “Mall” in advance.
② In the case of a notice to an unspecified number of members, the “Mall” may substitute individual notice by posting on the “Mall” bulletin board for more than one week. However, individual notice will be given for matters that have a significant impact on the member’s own transactions.
Article 9 (Purchase Application and Consent to Provision of Personal Information, etc.)
① “Mall” users may apply for purchases on the “Mall” by using the following or similar methods: The “Mall” must provide the following information in an easily understandable manner when users apply for purchase.
1. Search and selection of goods, etc.
2. Input of recipient’s name, address, phone number, email address (or mobile phone number), etc.
3. Confirmation of terms and conditions, services with limited right of cancellation, cost burden such as delivery and installation fees
4. Indication of agreement to these terms and conditions and confirmation or rejection of the matters in item 3 above
(e.g., mouse click)
5. Application for purchase of goods, etc. and confirmation thereof or consent to “Mall” confirmation
6. Selection of payment method
② In case the “Mall” needs to provide the purchaser’s personal information to a third party, the “Mall” must notify the purchaser of 1) the person receiving the personal information, 2) the purpose of use of the personal information by the person receiving the personal information, 3) the items of personal information provided, and 4) the period of retention and use of the personal information by the person receiving the personal information, and obtain consent. (The same applies when the matters for which consent is given are changed.)
③ In case the “Mall” entrusts a third party with the handling of the purchaser’s personal information, 1) The person entrusted with handling personal information, 2) The details of the work entrusted with handling personal information must be notified to the purchaser and consent must be obtained. (The same applies when the matters for which consent is given are changed.) However, in cases where it is necessary for the performance of a contract for the provision of services and is related to the convenience of the purchaser, the notification procedure and consent procedure may be omitted by notifying through the personal information handling policy in the manner prescribed by the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
Article 10 (Establishment of a Contract)
① “Mall” may not accept a purchase application as per Article 9 in the following cases. However, in the case of entering into a contract with a minor, the minor or the legal representative must be notified that the contract may be canceled if the consent of the legal representative is not obtained.
In cases where there are false, omitted, or incorrect statements in the application
2. In cases where a minor purchases goods and services prohibited by the Youth Protection Act, such as cigarettes and alcohol
3. In cases where “Mall” determines that accepting other purchase applications significantly hinders the technology
② The contract is deemed to have been concluded when the “Mall” approval reaches the user in the form of a receipt confirmation notice under Article 12, Paragraph 1.
③ The “Mall”’s expression of intent to accept must include information such as confirmation of the user’s purchase request, availability for sale, correction/cancellation of the purchase request, etc.
Article 11 (Payment Method)
Payment for goods or services purchased at the “Mall” may be made using any of the available methods listed below. However, the “Mall” may not collect any additional fees under any name for the price of goods, etc. for the user’s payment method. 1. Various account transfers such as phone banking, internet banking, and mail banking
2. Various card payments such as prepaid cards, debit cards, and credit cards
3. Online bank transfer
4. Payment using electronic money
5. Payment upon receipt
6. Payment using points paid by the “mall” such as mileage
7. Payment using gift certificates that have been contracted with the “mall” or approved by the “mall”
8. Payment using other electronic payment methods, etc.
Article 12 (Notice of Confirmation of Receipt, Change and Cancellation of Purchase Application)
① When the “mall” receives a purchase application from a user, it sends a notice of confirmation of receipt to the user.
② When a user who has received a notice of confirmation of receipt finds a discrepancy in the expression of intent, etc., he or she may immediately request a change or cancellation of the purchase application after receiving the notice of confirmation of receipt, and the “mall” shall, without delay, process such request prior to delivery if requested by the user. However, when payment has already been made, the provisions of Article 15 on withdrawal of subscription, etc. shall apply.
Article 13 (Supply of Goods, etc.)
① Unless there is a separate agreement between the “Mall” and the user regarding the timing of supply of goods, etc., the “Mall” shall take necessary measures such as custom manufacturing, packaging, etc. so that the goods, etc. can be delivered within 7 days from the date the user made the application. However, if the “Mall” has already received all or part of the payment for the goods, etc., the “Mall” shall take measures within 3 business days from the date of receipt of all or part of the payment. In this case, the “Mall” shall take appropriate measures so that the user can check the supply procedure and progress of the goods, etc.
② The “Mall” shall specify the means of delivery, the party responsible for the delivery cost by means, and the delivery period by means for the goods purchased by the user. If the “Mall” exceeds the agreed delivery period, it shall compensate the user for any damages incurred as a result. However, this shall not apply if the “Mall” proves that there was no intent or negligence.
Article 14 (Refund)
If the “Mall” cannot deliver or provide the goods, etc. that the user has requested to purchase due to reasons such as out of stock, it shall promptly notify the user of the reason and, if the payment for the goods, etc. has been received in advance, it shall refund the payment within 3 business days from the date of receipt or take necessary measures for a refund.
Article 15 (Cancellation of subscription, etc.)
① A user who has entered into a contract with the “Mall” for the purchase of goods, etc. may cancel the subscription within 7 days from the date of receipt of the written contract in accordance with Article 13, Paragraph 2 of the Act on Consumer Protection in Electronic Commerce, etc. (if the supply of goods, etc. is made later than the date of receipt of the written contract, it shall refer to the date of receipt of the goods, etc. or the start of the supply of goods, etc.). However, if the Act on Consumer Protection in Electronic Commerce, etc. provides otherwise regarding cancellation of subscription, the provisions of the Act shall apply.
② If the user has received the goods, etc., he/she may not return or exchange them in any of the following cases:
1. If the goods, etc. are lost or damaged due to a reason attributable to the user (however, if the packaging, etc. is damaged in order to check the contents of the goods, etc., the subscription may be cancelled)
2. If the value of the goods, etc. is significantly reduced due to the use or partial consumption of the user
3. If the value of the goods, etc. is significantly reduced to the extent that resale is difficult due to the passage of time
4. If the original goods, etc. can be copied with goods, etc. of the same performance, if the packaging of the goods, etc. is damaged
③ In the cases of subparagraphs 2 through 4 of paragraph 2, if the “mall” does not take measures such as indicating the fact that subscription cancellation, etc. is restricted in a place where the consumer can easily see it in advance or providing trial products, the user’s subscription cancellation, etc. is not restricted.
④ Notwithstanding the provisions of paragraphs 1 and 2, if the contents of the goods, etc. are different from the displayed or advertised contents or are performed differently from the contractual contents, the user may cancel the subscription, etc. within 3 months from the date of receipt of the goods, etc., or within 30 days from the date on which the user learned or could have learned of the fact.
Article 16 (Effect of Cancellation of Subscription, etc.)
① In the event that the “Mall” receives a return of goods, etc. from the user, it shall refund the amount already paid for the goods, etc. within 3 business days. In this case, if the “Mall” delays the refund of goods, etc. to the user, it shall pay the delayed interest calculated by multiplying the delayed interest rate stipulated in Article 21-2 of the “Enforcement Decree of the Act on Consumer Protection in E-Commerce, etc.” by the delay period.
② In refunding the above amount, if the user paid the price of the goods, etc. using a payment method such as a credit card or electronic money, the “Mall” shall request the business operator who provided the payment method to suspend or cancel the claim for the price of the goods, etc. without delay.
③ In the event of cancellation of subscription, etc., the user shall bear the cost required to return the goods, etc. supplied. The “Mall” shall not claim a penalty or damages from the user for reasons such as cancellation of subscription. However, if the contents of the goods, etc. are different from the displayed/advertised contents or are performed differently from the contract contents and the subscription is cancelled, etc., the cost required for returning the goods, etc. shall be borne by the “Mall”.
④ If the user pays the shipping cost when receiving the goods, etc., the “Mall” shall clearly indicate who will bear the cost when the subscription is cancelled so that the user can easily understand.
Article 17 (Personal Information Protection)
① When collecting the user’s personal information, the “Mall” collects the minimum amount of personal information necessary for providing the service.
② When registering as a member, the “Mall” does not collect in advance the information necessary for the performance of the purchase contract. However, this does not apply when the minimum amount of specific personal information is collected in cases where identity verification is required prior to the purchase contract in order to fulfill obligations under relevant laws.
③ When collecting and using the user’s personal information, the “Mall” shall notify the user of the purpose and obtain consent.
④ The “Mall” shall not use the collected personal information for purposes other than the intended purpose, and when a new purpose of use arises or when providing it to a third party, the “Mall” shall notify the user of the purpose and obtain consent at the stage of use/provision. However, if the relevant laws provide otherwise, there are exceptions.
⑤ In cases where the “Mall” must obtain the user’s consent pursuant to Paragraphs 2 and 3, the identity of the person in charge of personal information management (affiliation, name, phone number, and other contact information), the purpose of collecting and using information, matters related to the provision of information to third parties (recipient, purpose of provision, and content of information to be provided), etc., as stipulated in Article 22 Paragraph 2 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.” must be specified or notified in advance, and the user may withdraw this consent at any time.
⑥ The user may request to view or correct errors in his/her personal information held by the “Mall” at any time, and the “Mall” is obligated to take necessary measures without delay. If the user requests correction of an error, the “Mall” shall not use the relevant personal information until the error is corrected.
⑦ “Mall” shall limit the number of persons handling the personal information of users to the minimum in order to protect personal information, and shall be fully responsible for any damage suffered by users due to loss, theft, leakage, provision to a third party without consent, alteration, etc. of the personal information of users, including credit cards, bank accounts, etc.
⑧ “Mall” or a third party that has received personal information from it shall destroy the personal information without delay when the purpose of collection or provision of the personal information has been achieved.
⑨ “Mall” shall not set the consent box for collection, use, and provision of personal information as pre-selected. In addition, “Mall” shall specifically state the services that will be restricted if the user refuses to consent to the collection, use, and provision of personal information, and shall not restrict or refuse the provision of services, such as membership registration, due to the user’s refusal to consent to the collection, use, and provision of personal information that is not a mandatory collection item.
Article 18 (Obligations of “Mall”)
① “Mall” shall not engage in any acts prohibited by laws and regulations or these Terms and Conditions or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably in accordance with the provisions of these Terms and Conditions.
② “Mall” must have a security system to protect users’ personal information (including credit information) so that users can safely use Internet services.
③ “Mall” shall be responsible for compensating users for damages incurred due to unfair labeling or advertising practices as defined in Article 3 of the Act on Fair Labeling and Advertising regarding products or services.
④ “Mall” shall not send users unsolicited commercial advertising e-mails.
Article 19 (Member’s Obligations Regarding ID and Password)
① Except for the cases in Article 17, members are responsible for managing their ID and password.
② Members shall not allow third parties to use their ID and password.
③ If a member becomes aware that his/her ID and password have been stolen or is being used by a third party, he/she shall immediately notify “Mall” and follow the instructions provided by “Mall”.
Article 20 (User’s Obligations)
Users shall not perform the following acts: 1. Registration of false information when applying or changing
2. Theft of information from others
3. Change of information posted on the “Mall”
4. Transmission or posting of information (computer programs, etc.) other than information specified by the “Mall”
5. Infringement of intellectual property rights such as copyrights of the “Mall” or other third parties
6. Acts that damage the reputation of the “Mall” or other third parties or interfere with their business
7. Acts of disclosing or posting obscene or violent messages, images, voices, or other information that violates public order and morals on the mall
Article 21 (Relationship between the linked “Mall” and the linked “Mall”)
① When the upper “Mall” and the lower “Mall” are connected by a method such as a hyperlink (e.g., the target of the hyperlink includes text, pictures, and moving images), the former is called the linked “Mall” (website) and the latter is called the linked “Mall” (website).
② If the connected “mall” clearly states on its initial screen or a pop-up screen at the time of connection that it does not bear warranty responsibility for transactions between users and the connected “mall” regarding goods, etc. provided independently by the connected “mall,” then the connected “mall” will not bear warranty responsibility for such transactions.
Article 22 (Attribution of Copyright and Restrictions on Use)
① The copyright and other intellectual property rights for works created by the “Mall” belong to the “Mall.”
② Users may not use information obtained by using the “Mall” for profit-making purposes or allow third parties to use information of which the “Mall” owns intellectual property rights without the prior consent of the “Mall” by means of reproduction, transmission, publication, distribution, broadcasting, or other methods.
③ The “Mall” must notify the relevant user when using the copyright belonging to the user according to the agreement.
Article 23 (Dispute Resolution)
① The “Mall” establishes and operates a damage compensation processing organization to reflect the legitimate opinions or complaints raised by users and compensate for the damages.
② The “Mall” gives priority to complaints and opinions submitted by users. However, if prompt processing is difficult, the user will be notified immediately of the reason and processing schedule.
③ In the event of a request for damage relief from a user in connection with an e-commerce dispute between a “mall” and a user, the dispute may be resolved through the mediation of a dispute resolution agency commissioned by the Fair Trade Commission or the city/provincial governor.
Article 24 (Jurisdiction and Governing Law)
① Litigation regarding e-commerce disputes between a “mall” and a user shall be under the exclusive jurisdiction of the local court with jurisdiction over the user’s address at the time of filing the lawsuit, or if there is no address, the user’s place of residence. However, if the user’s address or place of residence is unclear at the time of filing the lawsuit or if the user is a foreign resident, the lawsuit shall be filed with the court with jurisdiction under the Civil Procedure Act.
② Korean law shall apply to e-commerce lawsuits filed between a “mall” and a user.