Article 1 (Purpose)
Standard Terms, No. 10023This agreement aims to regulate the rights, obligations, and responsibilities between the cyber MALL (hereinafter referred to as "MALL") operated by Everline Corporation (e-commerce operator) and the users when using the internet-related services (hereinafter referred to as "Service") provided by the MALL※ "This agreement shall also apply to electronic transactions using PC communications or similar methods, as long as it does not conflict with their nature."
Article 2 (Definition)
"MALL" refers to a virtual store established by Everline Corporation (e-commerce operator) using information and communication technology (ICT) to provide goods or services to users and also refers to the operator who operates the cyber MALL.
"User" refers to both members and non-members who access the "MALL" and receive services provided by the "MALL" in accordance with these terms and conditions.
The term "member" refers to an individual who provides personal information to the "MALL" for registration purposes, continuously receives information from the "MALL," and is able to continuously utilize the services provided by the "MALL."
The term "non-member" refers to an individual who does not register as a member but utilizes the services provided by the "MALL."
Article 3 (Specification, Explanation, and Amendment of Terms and Conditions)
"MALL" shall clearly display the contents of these terms and conditions, as well as its name, the name of the representative, business address (including the address for consumer complaints), telephone number, fax number, email address, business registration number, electronic commerce registration number, and personal information protection manager on the initial service screen (front page) in a manner easily accessible to users. However, the contents of the terms and conditions may be made available for users to view through a connected screen.
"MALL" must provide a separate connection screen or pop-up screen to ensure that users can understand important details, such as withdrawal of subscription, delivery responsibility, and refund conditions, before agreeing to the terms and conditions.
"MALL" has the right to revise this agreement within the scope that does not violate the relevant laws, such as the Electronic Commerce Consumer Protection Act, Act on Regulation of Terms and Conditions, Electronic Transactions Basic Act, Electronic Signatures Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Door-to-Door Sales Act, Consumer Protection Act, and other applicable laws.
When "MALL" revises the terms and conditions, it shall provide a notice on the initial screen of the MALL along with the effective date and reasons for the revision, starting from 7 days prior to the effective date until the day before the effective date.However, if there are changes to the terms and conditions that are disadvantageous to users, a notice must be given with a minimum of 30 days prior notice. In this case, "MALL" shall clearly compare the pre-revision and post-revision contents to facilitate user understanding.
The revised terms and conditions shall only apply to contracts concluded after the effective date, and the pre-revision terms and conditions shall continue to apply to contracts already concluded prior to the effective date. However, if a user who has already entered into a contract wishes to apply the revised terms and conditions, they must send a communication to "MALL" requesting such application within the notice period of the revised terms and conditions stipulated in Paragraph 3, and upon obtaining consent from "MALL," the revised terms and conditions shall apply.
Matters not specified in these terms and conditions and the interpretation of these terms and conditions shall be governed by the Electronic Commerce Consumer Protection Act, the Act on Regulation of Standardized Contracts, guidelines on consumer protection in electronic commerce established by the Fair Trade Commission, relevant laws and regulations, or common practices.
Article 4 (Provision and Modification of Services)
"MALL" performs the following tasks:
Providing information on goods or services and concluding purchase contracts
Deliver goods or services for which purchase contracts have been concluded
Other tasks designated by "MALL"
"MALL" may modify the contents of goods or services to be provided in future contracts in the event of product unavailability or changes in technical specifications. In such cases, the modified contents of goods or services and the date of provision shall be promptly notified and posted at the location where the current contents of goods or services are disclosed.
If "MALL" needs to modify the contents of services agreed upon in a contract with a user due to reasons such as product unavailability or changes in technical specifications, "MALL" shall immediately notify the user at an address where notification is possible.
In the case described above, "MALL" shall compensate for damages suffered by the user. However, this does not apply if "MALL" can prove that there was no intention or negligence.
Article 5 (Service Interruption)
"MALL" may temporarily suspend the provision of services in the event of maintenance, replacement, or malfunction of computer or information communication facilities, as well as interruption of communication.
"MALL" shall compensate for damages incurred by users or third parties due to the temporary suspension of service provision under the circumstances described in the first paragraph, unless "MALL" can prove that there was no intention or negligence.
In the event that "MALL" becomes unable to provide services due to reasons such as a change in business category, discontinuation of business, or integration between companies, "MALL" shall notify users in accordance with the method prescribed in Article 8 and compensate consumers according to the conditions initially presented by "MALL." However, if "MALL" fails to announce compensation criteria, the users shall be provided with goods or cash equivalent to the mileage or accumulated points used in "MALL" at the prevailing currency value.
Article 6 (Membership Registration)
Users apply for membership by completing the membership information according to the prescribed form provided by "MALL" and expressing their agreement to this agreement.
"MALL" shall register users who have applied for membership as members, unless they fall under any of the following subparagraphs:
If the applicant has previously lost membership qualification pursuant to Article 7, Paragraph 3 of this agreement, except in cases where three years have elapsed since the loss of membership qualification under Article 7, Paragraph 3 and the applicant has obtained approval for re-registration as a member from "MALL".
If there is false, omitted, or incorrect information in the registration details.
If registering the user as a member significantly hinders "MALL" from a technical perspective.
The date of establishment of the membership agreement shall be the moment when the acceptance from "MALL" reaches the member.
You must notify "MALL" of any changes to the registered details pursuant to Article 15, Paragraph 1, by email or other means.
Article 7 (Membership Withdrawal and Loss of Qualification)
Members may request withdrawal from "MALL" at any time, and "MALL" will process the withdrawal promptly.
"MALL" may restrict or suspend membership qualification if a member falls under any of the following reasons:
Providing false information during registration
Failure to pay for the goods or services purchased through "MALL" or failure to fulfill other obligations related to the use of "MALL"
Interfering with the use of "MALL" by others or engaging in actions that threaten the integrity of electronic commerce, such as misappropriating information
If a member engages in activities using the "MALL" platform that are prohibited by laws or this agreement, or are against public order and morals
If the same act is repeated two or more times within 30 days after "MALL" restricts or suspends membership qualification, or if the reason is not rectified within that period, "MALL" may terminate the membership qualification.
If the "MALL" revokes a member's membership, their registration will be canceled. In such cases, the member will be notified of the revocation and given an opportunity to present their case within a minimum period of 30 days before the registration is canceled.
Article 8 (Notice to Members)
When "MALL" needs to notify a member, the notice may be sent to the member's designated email address agreed upon with "MALL".
In the case of notifying a large number of unspecified members, "MALL" may post the notice on its bulletin board for at least one week, instead of individual notifications. However, for matters significantly affecting a member's transaction, individual notifications will be made.
Article 9 (Purchase Application) "MALL" users may apply for a purchase through "MALL" using the following or similar methods, and "MALL" must provide the following information in a clear manner for the user's understanding, except for items 2 to 4 when the user is a member.
Searching and selecting goods or services
Providing personal information such as name, address, telephone number, email address (or mobile phone number)
Confirming the contents related to the terms and conditions, limited right of withdrawal, and the cost burden of delivery and installation
Agreeing to this agreement and confirming or rejecting the above-mentioned matters (e.g., mouse click)
Applying for the purchase of goods or services and agreeing to the confirmation of such purchase or the confirmation by "MALL"
Selecting the payment method
Article 10 (Formation of Contract)
"MALL" may not accept a purchase application under the same conditions as Article 9. However, in the case of contracting with a minor, it shall notify that the minor or legal guardian can cancel the contract if the consent of the legal guardian is not obtained.
If there are false, omitted, or misleading contents in the application,
If a minor purchases goods or services prohibited by the Juvenile Protection Act, such as cigarettes or alcohol,
If it is determined that accepting the purchase application would significantly hinder the technical aspects of the "MALL",
The acceptance by "MALL" shall be deemed to have concluded the contract at the moment when the acceptance reaches the user in the form of a confirmation notice as stipulated in Article 12, Paragraph 1.
The expression of acceptance by "MALL" shall include information regarding the confirmation and availability of the user's purchase application, as well as the correction or cancellation of the purchase application.
Article 11 (Payment Methods) The payment methods for goods or services purchased from "MALL" can be made using any of the following methods. However, "MALL" cannot charge any additional fees under the name of payment for the price of goods or services.
Phone banking, internet banking, and various account transfers
Prepaid cards, debit cards, credit cards, and various card payments
Virtual account deposit
Payment using electronic currency
Payment upon receipt of goods
Payment using "MALL"-provided points, mileage, etc.
Payment using gift cards issued or approved by "MALL"
Other electronic payment methods
Article 12 (Confirmation of Receipt, Request for Purchase Change or Cancellation)
"MALL" sends a confirmation of receipt notice to the user when there is a purchase request.
Once the user receives a confirmation of receipt notice, if there are inconsistencies in their intention, they can immediately request changes or cancellations to the purchase application. "MALL" must promptly process the user's request in the case of requests made before delivery. However, if the payment has already been made, the regulations regarding withdrawal of subscription in Article 15 shall apply.
Article 13 (Supply of Goods, etc.)
Unless there is a separate agreement between the user and the "MALL" regarding the supply period of goods or services, the "MALL" takes necessary measures such as order production, packaging, etc., to deliver the goods within 7 days from the date of the user's subscription. However, if the "MALL" has already received the full or partial payment for the goods or services, it takes action within 2 business days from the date of receiving the full or partial payment. In this case, the "MALL" takes appropriate measures to allow the user to confirm the supply process and progress of the goods or services.
The "MALL" specifies the delivery method, party responsible for the delivery cost per method, and delivery period per method for goods purchased by the user. If the "MALL" exceeds the agreed delivery period, it must compensate the user for any resulting damages. However, if the "MALL" proves that there was no intentional or negligent action, it is not obligated to do so.
Article 14 (Refund)
If the "MALL" is unable to deliver or provide goods or services requested by the user due to reasons such as out of stock, it must promptly notify the user of the reasons. If the "MALL" has received payment for the goods or services in advance, it must refund the payment within 2 business days from the date of receipt or take necessary measures for the refund.
Article 15 (Withdrawal of Offer, etc.)
If a user who has entered into a contract with the "MALL" regarding the purchase of goods and services wishes to withdraw the offer, they may do so within 7 days from the date of receiving the confirmation of receipt.
If the user receives goods, the user cannot return or exchange them in the following cases:
If the goods are lost or damaged due to the user's responsibility (However, if the packaging is damaged for the purpose of inspecting the contents, the user may withdraw the offer.)
If the value of the goods significantly decreases due to the user's use or partial consumption.
If the value of the goods significantly decreases to the extent that resale becomes difficult due to the passage of time.
If the original packaging of the goods, which can be replicated with goods of the same performance, is damaged.
If the "MALL" has not clearly indicated the restrictions on withdrawal of the offer in an easily accessible place or provided sample products, etc., the user's withdrawal of the offer is not restricted in the cases mentioned in Paragraphs 2) to 4).
Notwithstanding the provisions of paragraphs 1 and 2, if the content of the goods or services is different from the displayed or advertised content or if the performance of the contract is not in accordance with the agreement, the user may exercise the right to withdraw the offer within three months from the date of receiving the goods or services, or within 30 days from the day when the user became aware of or should have been aware of the fact.
Article 16 (Effects of Withdrawal of Offer)
In the event that the "MALL" receives returned goods or items from the user, the "MALL" shall refund the payment for the returned goods or items already received within 3 business days. In case the "MALL" delays the refund of the goods or items to the user, the "MALL" shall pay the user a delay interest calculated by multiplying the delay interest rate specified by the Fair Trade Commission by the delay period.
"MALL" requests the business entity that provided the payment method, such as a credit card or electronic currency, to promptly suspend or cancel the payment claim for the goods or services when refunding the aforementioned payment.
In the case of withdrawal of subscription, the cost of returning the goods received is borne by the user. "MALL" does not claim a penalty or damages from the user for withdrawal of subscription. However, if the content of the goods differs from the displayed or advertised content, or if the execution of the contract deviates from the agreed terms, "MALL" bears the cost of returning the goods.
If the user bears the shipping cost when receiving the goods, "MALL" clearly indicates who will bear the cost upon withdrawal of subscription, making it easily understandable for the user.
Article 17 (Personal Information Protection)
"MALL" collects the minimum necessary information required for the performance of the purchase contract when collecting user information. The following items are required, and other items are optional.
Name
Address
Phone number
Desired ID (for members)
Password (for members)
Date of birth
Email address (or mobile phone number)
When "MALL" collects personally identifiable information of the user, it must obtain the user's consent.
The provided personal information cannot be used for purposes other than the intended use or provided to third parties without the user's consent, and "MALL" takes full responsibility for this. However, exceptions apply in the following cases:
When providing the minimum necessary user information (name, address, phone number) to the delivery company for delivery purposes
When providing information in a form that does not allow identification of specific individuals for statistical analysis, academic research, or market surveys
When necessary for payment settlement related to the transaction of goods and others
When necessary for identity verification to prevent fraud
When there are unavoidable reasons required by law or legal regulations
When "MALL" needs to obtain user consent under the provisions of Paragraphs 2 and 3, it must clearly specify or notify the user in advance of the personal information protection manager's identity (affiliation, name, telephone number, and other contact information), the purpose of collecting and using the information, and the details of providing information to third parties (recipient, purpose, and content of the information to be provided), in accordance with Article 22, Paragraph 2 of the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc. The user can withdraw their consent at any time.
Users have the right to access and correct their own personal information held by "MALL," and "MALL" has the obligation to take necessary measures without delay. Until the correction of the error is completed, "MALL" will not use the personal information in question.
"MALL" minimizes the number of administrators for the purpose of personal information protection and takes full responsibility for any damages caused to users due to the loss, theft, leakage, alteration, etc., of user's personal information, including credit cards and bank accounts.
"MALL" and any third parties that have received personal information from "MALL" must promptly destroy the personal information when the purpose of collecting or providing the information is achieved.
Article 18 (Obligations of "MALL")
"MALL" shall not engage in acts prohibited by laws and this agreement, and shall make its best efforts to provide goods and services continuously and stably in accordance with this agreement.
"MALL" must have a security system in place to protect the personal information of users (including credit information) and ensure that users can safely utilize internet services.
"MALL" shall be responsible for compensating users for any damages incurred when engaging in unfair labeling or advertising practices specified under Article 3 of the "Act on Fair Labeling and Advertising," in relation to goods or services.
"MALL" does not send commercial promotional emails for profit purposes that users do not wish to receive.
Article 19 (Member's Obligations Regarding ID and Password)
The responsibility for managing the ID and password, except for the case specified in Article 17, lies with the member.
The member must not allow a third party to use their ID and password.
If the member becomes aware that their ID and password have been stolen or used by a third party, they must immediately notify "MALL" and follow the instructions provided by "MALL."
Article 20 (Responsibilities of Users) Users shall not engage in the following actions.
Registering false information upon application or modification
Identity theft of others' information
Altering the information posted on "MALL"
Transmitting or posting information other than what is designated by "MALL" (such as computer programs)
Infringement of copyrights or other intellectual property rights of "MALL" or third parties
Acts that damage the honor of "MALL" or third parties or hinder their business operations
Acts of disclosing or posting obscene or violent messages, images, audio, or other information that violates public decency on "MALL"
Article 21 (Relationship between Linked "MALL" and Target "MALL")
In case the upper "MALL" and lower "MALL" are linked through methods such as hyperlinks (including texts, images, and animated images as targets), the former is referred to as the linking "MALL" (website), and the latter as the target "MALL" (website).
The linking Mall (website or app) disclaims any warranty or liability for the goods or services provided by the target Mall (website or app). However, if this disclaimer of guarantee responsibility is expressly indicated on the initial screen of the linking "MALL" or the pop-up screen at the time of linking, it shall not be responsible for such transactions.
Article 22 (Ownership of Copyright and Usage Restrictions)
Copyright and other intellectual property rights to works created by "MALL" are owned by "MALL".
Users must not reproduce, transmit, publish, distribute, broadcast, or otherwise use commercially any information subject to intellectual property rights belonging to "MALL" without prior consent from "MALL", among the information obtained through the use of "MALL".
If "MALL" uses the copyrighted works belonging to users based on an agreement, "MALL" must notify the respective users.
Article 23 (Dispute Resolution)
"MALL" establishes and operates a compensation handling organization to reflect legitimate opinions or complaints from users and compensate for damages.
"MALL" prioritizes the handling of complaints and opinions submitted by users. However, if prompt handling is difficult, "MALL" immediately notifies the users of the reasons and the expected timeline for resolution.
In case of electronic commerce disputes between "MALL" and users, users can request dispute resolution through a dispute resolution organization designated by the Fair Trade Commission or local governments.
Article 24 (Jurisdiction and Applicable Law)
Any lawsuits regarding electronic commerce disputes between "MALL" and users shall be under the exclusive jurisdiction of the local court governing the defendant's address at the time of filing. However, if the defendant's address is unclear or the defendant is a foreign resident, the lawsuit shall be filed with the competent court according to the Civil Procedure Act.
Korean law shall be applied to electronic commerce lawsuits filed between "MALL" and users.
Supplementary Provisions
This Standard Terms and Conditions shall be effective as of August 1, 2023.