Terms of Use (Required)

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Terms of Use

Article 1 Objectives

These terms of use (the “Terms”) set forth the rights, obligations and liabilities of the online shopping mall (the “Mall”) operated by DSP Co., Ltd. (the “E-commerce Operator”) and the user for the online services provided by the Mall (the “Service”).
※ 「These terms shall be applicable mutatis mutandis for electronic transactions via PC communication services, etc. to the extent not contradicting the nature thereof.」

Article 3. Representation and description of the Terms and amendments thereto.

• ① The Mall shall indicate the contents of these Terms, trade name and name of the representative, address of the business place (including the address where user’s complaints can be resolved), telephone number, fax number, e-mail address, business registration number, mail order distributor report number, name and contact information of the person in charge of personal information on the initial homepage of the Mall to be identified easily by users. Provided that, the contents of these Terms may be provided by a link.
• ② The Mall shall indicate the material provisions of the Terms including cancellation of an order, delivery liabilities and terms of refund, on a separate link or a pop-up window so that users can clearly understand the terms before concluding his/her consent to these Terms.
• ③ The Mall may amend these Terms to the extent provided in relevant laws and regulations including, but not limited to the ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC., the ACT ON THE REGULATION OF TERMS AND CONDITTIONS, the FRAMEWORK ACT ON ELECTRONIC DOCUMENTS AND TRANSACTIONS, the DIGITAL SIGNATURE ACT, the ACT ON PROMOTION OF UTILIZATION OF INFORMATION AND COMMUNICATIONS NETWORK, the ACT ON DOOR-TO-DOOR SALES, ETC., and the CONSUMER PROTECTION ACT.
• ④ The Mall shall announce amendments to these Terms, if any, together with the date of enforcement and grounds of amendment and the current Terms on the initial homepage of the Mall no later than seven (7) days prior to the enforcement and maintain the announcement until the day immediately preceding the enforcement thereof. Provided that, if such amendment acts to the detriment of the user, the amendment shall be announced with a probation period no less than thirty (30) days. In such case, the Mall shall specifically provide a comparison between the current and amended Term to be identified easily by the users.
• ⑤ Amendments to these Terms, made by the Mall shall apply to and only to orders executed after the enforcement date thereof, where orders executed prior to such amendment shall be governed by the previous Terms. Provided that, if a user who executed an order prior to such enforcement, seeks to apply the amended Terms, such user shall inform such intent to the Mall and obtain the Mall’s consent within the notification period set forth in Article 3 of these Terms.
• ⑥ Any/all matter not prescribed in these Terms, or dispute arising out of the interpretation of these Terms shall be construed according to the ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC., the ACT ON THE REGULATION OF TERMS AND CONDITTIONS, the GUIDELINES FOR CONSUMER PROTECTION IN ELECTRONIC COMMERC, ETC. prescribed by the Fair Trade Commission, other relevant laws and regulations and commercial practice.

Article 4. Provision of Service, and Changes thereof

• ① The Mall conducts the following operations:
  • 1. Provision of information for goods and services, accepting orders thereof;
  • 2. Delivery of ordered goods and services;
  • 3. Other businesses defined by the Mall.
• ② In the event where the quality and/or technical specification of goods and services change, the Mall may change the content of goods and services for subsequent orders.
  In such case the Mall shall announce the content and delivery date of the changed goods or services at the place where the current goods or services are posted.
• ③ In the event where the Mall changes the goods or services that was previously agreed to provide to a user, due to the quality and/or change of technical specifications, the Mall shall promptly notify the user such cause to an address where the user may be reached.
• ④ The Mall shall indemnify users for any damage caused by the event prescribed in Paragraph 3 above. Provided that, the Mall shall not indemnify the user if the Mall proves that such event is not attributable to the deliberation or negligence of the Mall.

Article 5. Suspension of Service

• ① The Mall may temporarily suspend provision of Services on grounds including maintenance, replacement of communication facilities such as computers, or communication blockages.
• ② The Mall shall indemnify users or third parties for any damage caused by the suspension of Service prescribed in Paragraph 1 above.
  Provided that, the Mall shall not indemnify the user or third party if the Mall proves that such event is not attributable to the deliberation or negligence of the Mall.
• ③ In the event where the Mall cannot provide the Service due to change of business category, forfeiture of business, or merger of entities, the Mall shall notify the consumers in the manner prescribed in Article 8 of these Terms, and indemnify the users according to the conditions originally offered by the Mall. Provided that, in the event where the Mall does not announce the terms of indemnification, any mileage or reserves attributed to users shall be reimbursed to users in cash or in goods equivalent to the value of such mileage or reserve accepted by the Mall.

Article 6. Subscription

• ① The user subscribes as a member by providing the member information in the template defined by the Mall, and his/her consent thereto.
• ② The Mall shall accept the subscription of any person who applied as provided in Paragraph 1 above, unless such person follows under any of the following:
  • 1. The applicant has previously been disqualified from his/her membership under Article 7(3) of these Terms. Provided that, any person of which membership was revoked under Article 7(3) of these Terms more than three (3) years ago, may obtain his/her membership upon the approval of the Mall.
  • 2. The applicant fails to provide all required information, or provides false and/or incorrect information in his/her application.
  • 3. Any other person of which acceptance is deemed to cause significant technical difficulty to the Mall.
• ③ The subscription agreement shall be deemed executed if and when the Mall’s acceptance is served to the member.
• ④ In the event where any of the information provided by a member pursuant to Article 15(1) of these Terms shall change, the member shall promptly inform such change to the Mall by means of e-mail or other means.

Article 7. Unsubscribe and Disqualification

• ① A member can request to unsubscribe from the Mall at any time, and the Mall shall promptly process such request.
• ② The Mall may limit or suspend a membership if a user falls under any of the following conditions:
  • 1. A member is found to provide false information in his/her application;
  • 2. A member fails to settle payment for goods or services purchased through the Mall or fails to fulfill his/her liability arising out of the use of the Mall, on or prior to the due date;
  • 3. A member imposes risk to the order of electronic commerce by interfering with another member’s use of the Mall or stealing the information of other members;
  • 4. A member, by using the Mall, violates any law or conducts an act prohibited by these Terms or contradicting with public order and good morals.
• ③ The Mall can revoke a membership if, after limiting or suspending a member, such member repeats the action that had caused such limit or suspension, or fails to cure the cause of such limit or suspension within thirty (30) days.
• ④ The membership subscription shall be terminated upon the Mall revoking a membership. In such case, the Mall shall inform the member of such disposition, and shall allow such member to explain his/her circumstance for a period not less than thirty (30) days before terminating the membership subscription.

Article 8. Notifications to Members

• ① The Mall may, if deemed required to serve notice to its members, serve notice to the e-mail account previously designated by each member.
• ② For notifications to be served to multiple unspecified members, the Mall may post such notification on the Mall’s message board for more than seven (7) days in lieu of serving individual notices.
  Provided that, notifications on matters that significantly affect the transaction with individual members shall be served individually.

Article 9. Purchase Orders

A user can order purchases from the Mall’s website as or in a similar manner as prescribed below, whereas the Mall shall provide the following information to allow the user to easily understand the same whilst placing a purchase order.
Provided that the requirements of Paragraphs 2 through 4 may be exempted for members:

• 1. Searching and selecting goods, etc.;
• 2. Provision of name, address, phone number, e-mail account (or mobile phone number), etc;
• 3. Contents of these Terms, services limited to cancellation, details related to costs including delivery charges and installation costs, etc;
• 4. Indication of consent to these Terms, and confirmation or denial of Paragraph 3 above (i.e, mouse click, etc.);
• 5. Ordering purchase of goods etc., confirmation thereof or consent to the Mall’s confirmation;
• 6. Selection of payment method.

Article 10. Constitution of Contract

• ① The Mall may deny a purchase order placed under Article 9 of these Terms, if such purchase order falls under any of the following circumstances. Provided that, the Mall shall provide notice that, for orders executed with a user who is a minor, such order can be canceled by such user or by the legal guardian thereof if the legal guardian does not provide his/her consent:
  • 1. The purchase order fails to provide all required information, or provides false and/or incorrect information;
  • 2. A minor purchases goods or services prohibited under the JUVENILE PROTECTION ACT, including cigarettes or alcohol;
  • 3. The acceptance of such purchase is otherwise significantly not feasible due to the technology of the Mall.
• ② An order shall be deemed constituted if and when the Mall’s acceptance thereof is served to the user via a return receipt pursuant to Article 12(1) of these Terms.
• ③ The Mall’s indication of acceptance shall include confirmation and commercial availability of the user’s purchase order, and information related to correcting and canceling a purchase order.

Article 11. Payment

Consideration for goods or services purchased from the Mall shall be settled in any of the following methods, whichever available.
Provided that, the Mall shall not impose additional charges of any nature whatsoever for the consideration of goods or services based on the payment method the user elected to use:

• 1. Wire transfer in the form of phone banking, internet banking, mail banking, etc.;
• 2. Card settlements via pre-paid cards, debit cards, credit cards, etc.;
• 3. On-line deposits (without passbook);
• 4. Electronic currency;
• 5. Payment upon delivery;
• 6. Points provided by the Mall including mileages;
• 7. Gift certificate affiliated with and/or recognized by the Mall;
• 8. Other electronic payment methods.

Article 12 Return Receipt, Changing and Canceling Purchase Orders

• ① The Mall shall serve return receipt to the user upon receiving a purchase order.
• ② Upon receiving a return receipt, the user may immediately request to change or cancel the subject purchase order for any discrepancies in the representation, and the Mall shall promptly process such request. Provided that, if the payment is settled prior thereto, the request shall be processed according to Article 15 of these Terms.

Article 13. Supply of Goods and Services

• ① Unless separately agreed otherwise, the Mall shall take measures such as ordered production, packing, etc. to ship the ordered goods or services within seven (7) days from the day on which such order is constituted.
  Provided that, in the event where the Mall have received the consideration, whether in whole or in parts, the Mall shall take measures within two (2) business days from the day on which such payment, whether in whole or in parts, was made.
  In such case, the Mall shall take appropriate measures to keep the user informed of the supply procedure and progress.
• ② The Mall shall specify the shipping method of the goods or services, whom to be liable for the shipping cost for each method, and delivery time for each method.
  In the event where the Mall fails to meet the agreed delivery period, the Mall shall indemnify users for any damage caused by such delay. Provided that, the Mall shall not indemnify the user if the Mall proves that such event is not attributable to the deliberation or negligence of the Mall.

Article 14. Refunds

In the event where the Mall cannot supply a good or service ordered by a user due to shortage or otherwise, the Mall shall immediately notify the user of such circumstance, and shall, if the Mall have received the consideration, whether in whole or in parts, refund such consideration or take measures to refund such consideration within two (2) business days from the day on which such payment was made.

Article 15. Canceling Contracts

• ① A user who has executed an order with the Mall to purchase goods or services may cancel such order within seven (7) days from the day on which the return receipt has been served.
• ② In the event where the user has received the goods or services, he/she cannot request a return or exchange under any of the following circumstances:
  • 1. The goods or services are destroyed or damaged due to causes attributable to the user. Provided that, if only the package is damaged, and such damage was caused by confirming the contents of the goods or services, the order may be canceled;
  • 2. The value of the goods or services is significantly deteriorated due to the use or partial consumption attributable to the user;
  • 3. The value of the goods or services is significantly deteriorated due to the time passing, to the extent where the goods or services are not marketable anymore;
  • 4. For goods or services that can be reproduced to the extent with equivalent performance thereof, the packaging of the original goods or services are damaged.
• ③ In the case for Sub-paragraphs 2 through 4 of Paragraph 2 above, if the Mall fails to indicate at a location clearly visible, in advance, the fact that canceling orders may be restricted, or take measures such as providing samples, the restrictions on canceling orders shall not apply.
• ④ Notwithstanding the provisions of Paragraphs 1 and 2 above, a user may cancel an order if the goods or services are found to be different from the labeling and/or advertisement thereof, or if the order has been performed different from the content thereof, within three (3) months from the day on which such goods or services were delivered or thirty (30) days from the day on which such fact has been or could have been known.

Article 16. Effect of Canceled Orders

• ① Upon receiving returned goods or services from a user, the Mall shall refund any consideration payed by the user for such goods or services within three (3) days from the day on which such goods or services were returned.
  In the event the Mall fails to refund the amount due within the period prescribed above, the Mall shall pay a delay interest at an annual rate publicly announced by the Fair Trade Commission in respect of the period of such overdue.
• ② In the event where the Mall is required to refund any amount that has been paid by means of a credit card or electronic currency, etc., the Mall shall promptly request the payment service provider to provide or cancel the payment of such consideration.
• ③ In the event where an order is canceled, any cost required to return the goods or services that has been already delivered shall be borne by the user. The Mall shall not claim any penalty or indemnification to the user on the grounds of such cancellation.
  Provided that, if the order is canceled on grounds that the goods or services are found to be different from the labeling and/or advertisement thereof, any cost required to return the goods or services that has been already delivered shall be borne by the user.
• ④ In the event where the user bears the delivery charges upon receiving goods or services, the Mall shall clearly indicate who shall bear such cost if such order is canceled so that the user can easily understand.

Article 17. Privacy Policy

• ① The Mall shall collect minimum personal information of the user required for the execution of orders. Users are required to provide the following information, and any other additional information may be provided by users upon their own discretion:
  • 1. Name;
  • 2. Address;
  • 3. Phone number;
  • 4. ID (for members);
  • 5. Password (for members);
  • 6. e-mail address (or mobile phone number).
• ② The Mall shall obtain the user’s consent to collect any personal information that may identify such user.
• ③ The Mall shall not use with purposes other than consented thereto, or disclose to a third party any personal information provided by a user, and the Mall shall be liable for a breach thereof. Provided that, such restriction shall be waived under any of the following circumstances:
  • 1. The minimum information of the user required for delivery (name, address and phone number) is provided to the courier to arrange shipment;
  • 2. Information are used for the purpose of statistics, academic research or market research, in a form where a specific individual cannot be identified;
  • 3. Information is used or provided for the purpose to settle the payment for the transaction of goods or services;
  • 4. Information is used to confirm identification with the purpose to prevent misappropriation;
  • 5. Information is used or disclosed under the rules of law or such use or disclosure is required by law.
• ④ In the event where the Mall is required to obtain the consent of the user pursuant to Paragraphs 2 or 3 above, The Mall shall specify or announce, in advance, the information of the person responsible for management of personal information (affiliation, name, phone number and other contact details), the purpose of collecting and using personal information, matters related to disclosure of personal information to a third party (recipient information, purpose of disclosure, and items of the personal information provided), and other matters prescribed in Article 22(2) of the ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC., and the user can revoke his/her consent at any time.
• ⑤ Every user may request the Mall to allow access to his/her personal information in the Mall’s possession or require the Mall to correct an error, if any, and the Mall shall promptly process such request.
  In the event where a user requires the Mall to correct an error, the Mall shall not use the relevant personal information until the Mall fulfills such request.
• ⑥ To protect the personal information of users, the Mall shall limit the number of personnel processing users’ personal information to the minimum extent, and shall bear sole liability for any/all damage incurred to the users due to the loss, theft, leak or forgery of users’ personal information including, but not limited to credit cards and bank account information.
• ⑦ The Mall and/or a third party that have received personal information from the Mall shall promptly destroy any/all personal information once the purpose the Mall or such third party has collected or been provided with such personal information has been fulfilled.

Article 18. Mall’s Responsibilities

• ① The Mall shall not violate any law nor conduct an act prohibited by these Terms or contradicting with public order and good morals, and shall endeavor to continuously and stably provide goods and services as prescribed in these Terms.
• ② The Mall shall implement a security system to protect the users’ personal information (including credit information) to allow the users to safely use the internet service.
• ③ The Mall shall indemnify any/all damage borne by the user due to an unfair labeling or advertising under Article 3 of the ACT ON FAIR LABELING AND ADVERTISING made by the Mall for the goods or services.

Article 19. Users’ Obligation for ID and Password

• ① Unless otherwise provided in Article 17 of these Terms, users shall be liable for the management of his/her ID and password.
• ② Users shall not allow a third party to use his/her ID and password.
• ③ In the event a user acknowledges that his/her ID and password is stolen or is used by a third party, the user shall immediately inform the Mall of such event and shall comply with instructions provided by the Mall, if any.

Article 20. Users’ Responsibilities

Users are prohibited to:

• 1. Register false information upon subscription and/or change of information;
• 2. Impose the information of a third party;
• 3. Alter any information posted on the Mall;
• 4. Receive or post any information other than those specified the Mall (including computer programs);
• 5. Infringe the copy right or other intellectual property rights of the Mall or third party;
• 6. Dishonor the Mall or a third party, or interfere with the business thereof;
• 7. Disclose or post an indecent or violent message, video, audio or other information contradicting with public order and good morals.

Article 21. Relationship between Parent Mall and Affiliated Mall

• ① If a Mall with higher hierarchy provides connects a Mall with lower hierarchy by means a hyperlink (in the form of text, images, videos, etc.), the Mall with higher hierarchy shall be referred to as a Parent Mall, and the Mall with lower hierarchy shall be referred to as an Affiliated Mall.
• ② The Parent Mall shall not be liable for any transaction conducted by the Affiliated Mall if the Parent Mall states, on the initial homepage of the Parent Mall or on a pop-up window activated upon the hyperlink that the Parent Mall does not assume any/all liability attributable to transactions made between the Affiliated Mall and the user for goods and services that are independently provided by the Affiliated Mall.

Article 22. Title of Copyright and Limits to Use

• ① The Mall shall hold title to any/all copyright and other intellectual property rights for works produced by the Mall.
• ② Users shall not, without the prior consent of the Mall, copy, transfer, publish, release, broadcast or use otherwise for commercial purposes or disclose to a third party any/all information such user has obtained in the course of using the Mall, that the Mall retains the title to the intellectual property right appropriated thereto.
• ③ In the event where the Mall exploits a copyright appropriated to the user under a valid purchase order, the Mall shall inform such use to the subject user.

Article 23. Dispute Settlements

• ① The Mall shall facilitate and operate a damage compensation body to reflect reasonable opinions or complaints raised by users and compensate relevant damages.
• ② The Mall shall take priority in processing complaints and/or opinions filed by users. Provided that, if prompt processing is not feasible, the Mall shall immediately inform the user, the cause of such delay, and anticipated rectification plan.
• ③ For any dispute between the Mall and the user arising out of electronic commerce, if the user files for relief of damage, such dispute may be settled by means of a mediation conducted by a dispute mediation body requested by the Fair Trade Commission or a Mayor/Do governor, or the head of a Si/Gun/Gu..

Article 24 Jurisdiction and Governing Law

• ① For any/all action between the Mall and the user arising out of electronic commerce, the court with jurisdiction over the permanent address, or if such permanent address is not available, the residence of the party initiating of such action at the time of filing such action shall have exclusive jurisdiction over such action.
  Provided that, if the user does not have a specific permanent address or residence of the user at the time of filing such action, or if the user resides outside of the Republic of Korea, such action shall be presented to the competent court prescribed in the CIVIL PROCEDURE ACT.
• ② Actions between the Mall and the user arising out of electronic commerce shall be governed by the laws of the Republic of Korea.

ADDENDA

1. These Terms shall enter into force on MM, DD, YYYY.