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