This agreement serves to define the rights, duties and obligations of the cybermall and customers for using the Internet Services (“the Services”) provided by KGC Donginbi Mall (http://www.donginbi.com) (“the Mall”) operated by Korea Ginseng Corp.
1. Mall: The virtual business site made by Korea Ginseng Corp. to provide Goods or Services (“the Goods”) with customers, where Goods are traded through computers and other communication hardware. The business operator (Korea Ginseng Corp.} that runs the Mall.
2. Customer: A member or a non-member who visits the Mall and receives the Services in accordance with the terms and conditions herein.
3. Member: An individual who provides personal information and creates an account, and is eligible to continuously receive the information and the Services from the Mall.
4. Non-member: An individual who does not create an account, but receives the Services from the Mall.
5. ID: A combination of letters and numbers chosen by the customer and approved by the Mall for service-access purposes.
6. Seller: Korea Ginseng Corp. or an individual who has contract with Korea Ginseng Corp. and is approved to sell Goods to customers at the Mall by Korea Ginseng Corp.
7. Point: Cyber currency to use towards purchases of Goods and/or Services.
8. Discount coupon: An online or offline coupon to get a discount of the indicated amount or a discount rate towards the purchase of Goods and/or Services.
9 Voucher: Mobile vouchers, online vouchers, and paper vouchers.
1. The Mall is required to display the terms and conditions of this agreement, its trade name, the addresses of its places of business, the name of its representative, its corporate registration number, its telephone numbers, its facsimile numbers, its email addresses, its ecommerce registration number, and information of the individual in charge of handling personal information on the main page of the website for easy reference by customers. The terms and conditions of this agreement, however, may be displayed on a separate, linked page.
2. The Mall is required to display important sections of the agreement, such as information concerning subscription cancellation, shipping responsibilities, and refund conditions, on a separate popup page or linked page for confirmation by the customer before he or she expresses consent to all the terms and conditions herein.
3. The Mall reserves the right to amend the terms and conditions herein to within the scope permitted by the Act on the Consumer Protection in the Electronic Commerce Transaction, Regulation of Adhesion Contract Act, Framework Act on Electronic Commerce, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Door-to-Door Sales Act, Framework Act on Consumers, and other relevant laws and regulations.
4. The Mall must notify the effective date and reasons for a revision from seven (7) days to one (1) day before the revised agreement comes into effect. However, thirty (30) days in advance if the revision is disadvantageous to the customers. The Mall is required to clearly inform the customers of comparison between previous terms and conditions and revised ones.
5. The revised agreement is applied to contracts made after the effective date, and contracts made prior to revision are subject to the previous agreement. However, if the customer notifies the Mall of his or her intention to be applied by the revised agreement within the notice period as per Paragraph 4 and the intention is accepted by the Mall, he or she is subject to the revised agreement.
6. Matters not stipulated herein or requiring interpretation shall be subject to the Act on the Consumer Protection in the Electronic Commerce Transactions, Regulation of Standardized Contracts Act, guidelines for consumer protection designated by the Fair Trade Commission, and other the relevant laws and commercial practices. A relevant agreement of Korean Ginseng Corp. (e.g., Members Agreement) and the policies posted on the Mall may take priority to within the scope permitted by the law.
1. The Mall provides the following Services:
① Sales and intermediation of purchase agreements;
② Delivery of Goods for which purchase agreements have been concluded and cyber transaction place where seller and customers have business relations;
③ Provision of information;
④ Sales activities such as advertisement and events; and
⑤ Other Services determined by the Mall.
2. If a Good is out of stock or its specifications change, the Mall reserves the right to change the concerned offer for purchase orders placed after the fact. In this case, the Mall must describe the change and when the change will come into effect on the place as where the initial offer is posted.
3. In the event of a change in the Services offered by the Mall due to absence of stock, specifications change, or any other reason, the Mall must inform the customer of the reason for the change without delay at the addresses available.
4. The Mall is required to indemnify the customer for damages incurred as per the previous paragraph. However, this stipulation will not apply if the Mall is able to prove the change was not deliberate or due to negligence on its part.
1. The Mall may temporarily suspend Services in the event that the Mall’s computers and other communication hardware requires maintenance, inspection, or replacement, or suffers from malfunction or communication break.
2. The Mall will be required to inform the members of the suspension as per Paragraph 1 above through the method as per Article 8.
3. The Mall will be required to indemnify the users or third parties for damages incurred as the result of temporary suspension of the Services as per Paragraph 1. However, the Mall shall not be held responsible if such suspension of the Services was not caused deliberately or due to negligence on its part.
4. In the event that the Mall becomes no longer able to provide the Services due to change in its business field, forfeiture of business, or merger between companies, the Mall is required to inform the customers of the fact and indemnify the consumers in accordance with initially proposed conditions. However, if the Mall has not announced said conditions of indemnification, it will pay the users’ points in Goods or cash equivalent in commercial value accepted throughout the Mall.
1. Customers may subscribe as a member by completing the subscription form designated by the Mall and then expressing intention to agree with the terms and conditions. In the process, Korea Ginseng Corp. may request verification of name and identity.
2. The Mall shall register subscribers as per Paragraph 1 above , except under the following circumstances:
① If the subscriber has previously had his or her membership status revoked as per Paragraph 3 of Article 7, except when the subscriber is given acceptance by the Mall at the end of three years after the membership being revoked as per Paragraph 3 of Article 7;
② If the information provided by the subscriber contains falsified claims, is incomplete, and/or contains errors; or
③ If the Mall experiences technical difficulties.
3. Arrival of the Mall’s approval will then constitute the conclusion of the concerned membership subscription.
4. If a subscriber places an order in a logged out state, the order is considered as a non-member’s order.
5. Members are required to immediately notify via email, ‘Change member information’ on the Mall, or any other method the Mall of any change in registered member information.
Members may request membership withdrawal at any time and the Mall immediately takes the process. However, all the benefits such as points collected by the concerned member will expire automatically upon his or her withdrawal of membership.
1. The Mall reserves the right to limit or suspend a member’s membership in any of the following circumstances:
① It is discovered that the member provided falsified information during the subscription process;
② The member fails to pay for Goods purchased from the Mall by the due date or has any outstanding payment due in relation to use of the Mall;
③ The member interferes service use of others, makes fraudulent use of other people’s information, or violates e-commerce order;
④The member engages in activities opposed by the law, this agreement, and/or public order and standards of decency;
⑤The member posts obscene materials and/or links on an official website;
⑥The member engages in an activity that defames another person or causes another person harm;
⑦ The member distributes malware to deliberately impede with the operation of the Services;
⑧ The member copies, distributes, and/or uses for commercial purposes information gained via the Malls without the Mall’s prior approval;
⑨ The member infringes upon the Mall’s intellectual property rights; or
⑩ The member uses another person’s ID, password or credit card number in an inappropriate manner.
2. If a member repeats at least two (2) times or does not correct within thirty (30) days after the Mall limits or suspends his or her membership, the Mall reserves the right to revoke the member’s membership status.
3. When revoking a member’s membership status, the Mall is to expunge the member’s registration information. The Mall must inform the member of the expunction and offer the member thirty (30) days to provide an explanation before going through with the expunction process.
4. After membership status being revoked, the member is not able to rejoin for three (3) months. The company may keep the minimum amount of information (name, identity information) needed to control the revoked membership during said period.
1. The Mall shall send notifications to the members at email addresses or sending text messages if the member agrees.
2. Should the Mall need to notify an unspecific number of members, it may post the notice on its online service forum for a duration of one (1) week or longer in lieu of individual notices. However, notices regarding information or events of severe impact on the Mall’s relationship with the members must be sent out individually.
Customers can purchase Goods as per the process described below. The Mall is required to clearly inform the customers of each of the steps below during the ordering process. However, items 2 and 4 below may not apply to customers who are members.
1. Search and selection of Goods;
2. Provision of customer’s name, address, phone number(or mobile phone number), address, recipient’s name, and email address;
3. Confirmation of terms and conditions of this agreement; Services for which customers cannot withdraw their subscriptions; and shipping fee, installation fee and other expenses;
4. Expression of agreement or disagreement to the terms and conditions herein and the items listed under item 3(e.g. Clicking on the appropriate check box)
5. Selection of payment method;
6. Privacy statements regarding personal information collected during purchase process and agreement procedure
7. Placement of purchase request and confirmation thereof or the agreement on confirmation by the Mall.
Customers can purchase Goods as per the process described below. The Mall is required to clearly inform the customers of each of the steps below during the ordering process. However, items 2 and 4 below may not apply to customers who are members.
1. The Mall approves the customer’s subscription unless the customer’s purchase request as per Article 9 was made in any of the following circumstances.
① Falsified, missing, or incorrect information was provided in the purchase order;
② A minor orders Goods and/or Services that Juvenile Protection Act prohibits such as alcohol and cigarette;
③ Approval of the purchase order is considered to represent a severe technical obstacle; or
④ A customer engages in any type of profit-making activity using the purchase.
2. Arrival of the customer’s purchase order approval as per Paragraph 1, Article 12 will then constitute the conclusion of the concerned purchase agreement.
3. Aforementioned approval from the Mall is to include confirmation of the purchase order, availability of the Good(s) ordered, and instructions on revising and canceling the order.
Methods of payment for Goods from the Mall are as follows. (However, accepted payment methods are required to be in service.)
1. Account transfer (virtual account, real-time account transfer);
2. Prepaid, or credit card;
3. Electronic currency;
4.Points or discount coupon provided by the Mall;
5. Other electronic methods; or
6. Vouchers contracted with or accepted by the Mall.
Article 12 (Confirmation Notice and Purchase Order Revision and Cancellation)
1. The Mall sends a confirmation notice to the customer upon receiving a purchase order.
2. If an inconsistency is found in the declaration of intent, the customer may request a revision or cancellation of the purchase order immediately upon receiving aforementioned confirmation notice. However, if payment for the concerned purchase order has already been made, the terms and conditions herein concerning withdrawal of subscription shall apply as per Article 15.
3. The Mall is required to process the customer’s request.
4. The Mall may process the concerned Good(s) with the subscription-withdrawal process if payment has not been made through a method as per Article 11 in seven (7) days.
5. Customers are required to notify the Mall of information for a refund (refund method, bank, account, account holder). The Mall will not be held liable for any and all outcomes resulting from erroneous or missing information.
1. The Mall is required to take all necessary steps, including manufacturing and packaging, to fulfill purchase orders within three (3) days of said payment based on the order information (product name, address, number of items, customer’s name, recipient’s name), unless a separate agreement regarding delivery of Goods has been reached with the customer concerned. The Mall is required to provide a means for the customer to verify the status of his or her purchase order. (However, if there is a reason for delay in shipment, the Mall is to give the customer prior notice.)
2. The Mall is required to provide a means for the customer to verify the delivery process. If the delivery is not made by the promised date, the Mall must return the price paid to indemnify the customer for damages incurred as a result. However, this stipulation will not apply if the Mall is able to prove the delay was not deliberate or due to negligence on its part.
If the Mall is unable to fulfill a purchase order due to absence of stock or any other reason, it must inform the concerned customer of the reason without delay, and if payment for the concerned purchase order has already been received, refund the payment or commence the refund process within three (3) business days of receiving the payment.
1. The customer who has a purchasing contract may request withdrawal from subscription within seven (7) days after the applicable date under Paragraph 2, Article 13 of the Act on the Consumer Protection in the Electronic Commerce Transactions (or the date receiving Good(s) or the delivery date). However, if the Act on the Consumer Protection in the Electronic Commerce Transactions defines differently regarding withdrawal from subscription, the process shall be subject to the law.
2. The customer may not return or exchange received Good(s) in any of the following circumstances:
① Received Good(s) has been lost or damaged due to reasons in which the customer is at fault (not applicable to damage done to the packaging for the purpose of checking the content);
② The value of the Good(s) has been substantially lowered due to use or partial consumption by the customer;
③ The value of the Good(s) has been substantially lowered due to passage of time to a point where resale of the concerned Good(s) has become difficult;
④ Concerning Goods that can be duplicated to a Good(s) of equal performance, if the packaging of the original Good(s) has been damaged;
⑤ Concerning Goods produced separately by customers’ orders;
⑥ Reasons are not covered by the Act on the Consumer Protection in the Electronic Commerce Transactions etc. or other relevant laws; or
⑦ The company notifies of limitations on withdrawal of subscription in advance.
3. In the case of item 2 or 4, Paragraph 2, if the restriction of withdrawal from subscription not being clearly indicated or Good(s) is not provided, the customer is not restricted to withdraw from subscription.
4. The customer may withdraw from subscription if the received Good(s) is found to be not as indicated, advertised, or otherwise not executed as per the purchase agreement within three (3) months of receiving the Good(s) or within thirty (30) days of discovering or being able to discover the fact.
5. The customer will be responsible for a delivery fee if returning received Good(s) due to a change of heart.
1. Upon receiving a returned Good(s), the Mall is to issue a refund of payment received for the concerned Good(s) within three (3) business day. Should the Mall fail to make the refund within said period, the Mall is to pay the customer the delay interest designated by Pragraph 3, Article 21 of the Act on the Consumer Protection in the Electronic Commerce Transactions for the duration of the delay.
2. If the refund is for a Good(s) purchased using a credit card or an electronic currency, the Mall is to, without delay, request the concerned payment-solution provider to suspend or cancel the concerned transaction.
3. Costs associated with return of Goods due to withdrawal from subscription are the customer’s responsibility. The Mall will not seek penalty or compensation from the customer on grounds of subscription withdrawal. However, if withdrawal from subscription is the result of the received Good(s) not being as indicated, advertised, or otherwise not having been executed as agreed upon, costs associated with the return of the concerned Good(s) shall be covered by the Mall.
4. In the case that a customer pays delivery fee, the Mall clearly indicates who pays the fee in the event of withdrawal of subscription.
5. The customer will be responsible for charges and costs for refund if returning received Good(s) due to simple change of heart.
6. Matters regarding refunds and cancellations,which are not stipulated herein, shall be subjected to consumer dispute settlement regulations.
1. Members earn a portion of money spent on purchasing the Mall’s products as points.
2. Earned Points are used toward Goods and Services offered by the Mall, but cannot be converted cash.
When using points, however, the member has to have at least 1 points.
3. Points are credited automatically on the date when the purchase was made.
4. Points are used to buy Goods and expire automatically thirty-six (36) months after their acquisition date except when a period is designated.
5. All points collected by the concerned member will expire automatically upon his or her withdrawal of membership. Points are not transferred to another ID.
1. Discount coupons cannot be converted cash. When a discount coupon has exceeded the expiration date or the contract ends, it expires.
2. Discount coupons are not transferable to another person otherwise specified. Improper use is not acceptable. In the event of a violation, the Mall may render the coupon expired or suspend the applicable membership.
3. If a customer is found to acquire cash or discount coupons by dishonest means, the Mall may take measures such as retrieving the cash or discount coupons, eliminating ID, and criminal prosecution.
1. The Mall may sell paper vouchers, online or, mobile vouchers(hereinafter “the Vouchers”) issued by service provider to members. The vouchers are able to be transferred to others and there are no restrictions in use. A member who purchases vouchers may use them at the service provider or somewhere designated by the service provider.
2. Members are responsible for checking out the reminder message posted on the Mall or written on vouchers and are able to use vouchers under the terms indicated.
3. Concerning mobile vouchers, the followings come before this agreement.
①. The validity date is subject to Article 5 of Fair Trade Committee’s standard terms and conditions for new types of vouchers(No. 10073) and the revised ones. Members may ask out partners to extend the validity date one (1) time(for more than three (3) months).
②. A member may get a refund on a voucher or be given the remaining change in accordance with the relevant laws(notification) under Fair Trade Committee.
③. Other information concerning vouchers including payment guarantee or insurance policies to compensate is subjected to the relevant laws(notification) under Fair Trade Committee. The member may assert that aforementioned terms and conditions be the part of this agreement.
1. Eligibility to participate in an event held by the Mall is posted on the Mall.
2. Prizes given according to the results are determined to within the scope permitted by the relevant laws. Prize winners are required to pay public charge and tax and other expenses concerning the prize. However, the Mall is to pay public charge and tax and other expenses in the specified cases.
1. The Mall must not engage in activities opposed by the law, this agreement, and/or public order and standards of decency, and is required to be committed to offer Goods and Services continuously and stably in accordance with this agreement.
2. The Mall is required to have security system to protect personal information(including credit information) for customers’ safe use of Services.
3. The Mall is required to indemnify the customer for damages incurred by engaging in indicating and/or advertising activities regarding the Goods defined by Article 3 of the Act on Fair Indication and Advertisement. However, this stipulation will not apply if the Mall does not sell the Goods directly.
4. The Mall must not send for-profit advertising emails to customers who have indicated their intention to refuse.
1. The Mall may post the information of sellers other than Korea Ginseng Corp.(including information in relation to the Goods). The customer holds responsibility over transactions he or she engages in with the seller using said information. The Mall will not be held liable for the transaction or information as the Mall is not a party to the indication and advertisement.
2. In the transaction as per Paragraph 1, the Mall is required to indicate it is not be held liable as a seller.
1. The Mall collects the minimum amount of the customer’s personal information it needs to provide the Services and additional personal information needed for continued operation of optional Services and marketing.
1) Mandatory : Name, birth date, gender, ID, password, mobile phone number, address, email address, CI information, DI information, intent whether receiving SMS/TM, emails
2) Optional : Ages of children, year of birth, with or without children, children’s gender, favorite brands, health issue of interest, family information(age, gender), purpose of purchase(gift or consumption)
2. The Mall needs the consent of the customer when collecting the customer’s personal information for identification.
3. Personal information of customers collected as per this agreement is not used for any other purpose without the consent of the customer or provided with third parties. The Mall is responsible for any violation. However, any of the following circumstances are acceptable:
① The minimum amount of the customer’s personal information(name, address, and phone number) requested by the seller or delivery company;
② As requested for statistics, academic research, or market research in the form in which a specific individual could not be identified;
③ For the payment of Goods;
④For identification to protect from fraudulent use;
⑤ As requested in accordance with procedures defined in relevant laws and regulations;
⑥ For use in a criminal investigation or at the request of a government body;
⑦ To identify wrong acts such as a customer violating the law; or
⑧To execute an order. As requested for return, exchange, refund, or cancellation.
4. The Mall is required to indicate or notify in advance the information of the individual in charge of handling personal information(affiliation, name, phone number, other contracts), the purpose of collecting and using information, related matters to provide third party with information (recipient, purpose, and information contents) and other regulations under the Law regarding the Promotion of Information and Communication Network Use and Protection of Information to receive an agreement regarding Paragraph 2 and 3 from customers The customer may withdraw his or her consent at any time.
5. Customers may read or request a correction of any errors in their personal information registered on the Mall. The Mall will be required to immediately respond to them. The Mall must not use the personal information the customer requested a correction on.
6. The Mall is required to restrict and minimize the number of managers, and will be held liable for any and all outcomes resulting from lost, stolen, leaked, or falsified personal information including credit card, bank account
7. The Mall and third party given personal information by the Mall are required to destroy the personal information upon achieving the purpose of collecting personal information. However, documents or information collected through the consent of customers or in accordance with the Act on the Consumer Protection in the Electronic Commerce Transactions and other relevant laws may be kept separately.
8. Personal information of customers collected through the consent of customers can be used for high-quality Services to customers at customized Services, ecommerce, community, contents, and mobile by the Mall. The information can be used to sell products via phone or email[hf1] .
9. The member may withdraw his or her consent on personal-information use at any time. The withdrawal means withdrawal from membership.
1. All ID and password-management responsibilities lies with the Members except the cases of Article 23.
2. The Member must not let third parties use his or her ID or password.
3. The Members must inform the Mall of all cases of improper ID use and other security violations and follow guidance offered by the Mall.
4. The Mall will not be held liable for any and all outcomes resulting from violation of Paragraph 1, 2, or 3.
1. Members will be held liable for materials posted by themselves and the Mall reserves the right to delete such materials without prior notice under any of the following circumstances on which the Mall accepts no responsibility. ① If the material is deemed to be slanderous to other members or third parties, or defamatory;
② If the material is contrary to public order and standards of decency;
③ If the material is deemed to be related to a criminal act;
④ If the material is infringing upon rights that include the Mall’s copy rights and third-party copyright;
⑤If the member posts obscene materials and/or links on an official website;
⑥ If advertisement or marketing information is posted without the Mall’s prior approval;
⑦ If the material is not relevant to the Goods;
⑧ If the material is deemed to be hindering operation of the Mall; or
⑨ If the material is deemed to be a violation of other relevant laws and regulations.
2. The posts and/or comments written by the member who withdrew his or her membership are not to be deleted. The previous member is not able to edit or delete his or her posts as membership information is deleted in the process of withdrawal from membership and thus the writer cannot be identified. The writer shall delete his or her posts prior to withdrawal.
Customers are prohibited from doing the following:
1. Must not provide falsified information when subscribing for membership or changing member information.
2. Must not provide information about another individual.
3. Must not modify information published by the Mall.
4. Must not transmit or post information other than those designated by the Mall(such as computer programs).
5. Must not infringe upon the Mall’s or third-party copyrights and intellectual property rights.
6. Must not defame the Mall or third parties, disrupt operations.
7. Must not release or post texts, images, or sounds, that are obscene, violent, and/or contrary to public order and standards of decency.
8. A customer who is a minor defined by Juvenile Protection Act must not purchase Goods that the Act prohibits such as alcohol and cigarette.
9. The Mall may delete posts or break extended links that fail to meet the requirements as per Paragraph 1 or judged as improper without the consent of the individual who posted. However, the Mall is not obliged to delete information or break links.
1. Customers must not infringe upon or violate copyright and other intellectual property owned by the Mall.
2. The Mall is required to grant customers right to use account, ID, content regarding the Services in accordance with condition of utilization. Customers are prohibited from copying, transmitting, publishing, distributing, broadcasting, or using in any other way for monetary gain or allow third parties to use information gained from the Mall without the prior approval of the Mall.
3. The Mall reserves the intellectual property rights to posts published by the Mall.
1. The Mall is exempted from responsibility for disruptions in the Services caused by natural disaster, force majeure, or the reason beyond the scope of rational control of the Mall.
2. The Mall is exempted from responsibility for disruptions in the Services in which the customer is at fault.
3. The Mall will not be held responsible for losses incurred due to failure to gain benefits expected from the Services or selection or use of Service materials.
4. The customers will be held responsible for the accuracy and reliability of information, materials, and facts provided to the customers. The Mall is exempted from responsibility for customers’ or third parties’ losses incurred due to inaccurate or falsified information.
2. The Mall is exempted from responsibility for customers’ or third parties’ losses in the Services which the customer creates intentionally or negligently.
1. Links to the Mall are hyperlinked from the Mall (e.g. texts, picture, moving images are included on hyperlinks).
2. The Mall holds no responsibility over transactions members independently engage in after following links to other websites.
1. The Mall may post commercial advertisement or send it via email or DM to customers to get financial support for the best service. However, the Mall must not send email or DM to customers who have indicated their intention to refuse.
2. The Mall will not be held liable for losses and damages incurred by the customers as a result of the customers' participation in advertisers’ promotional activities either published on or run as part of the Services.
1. The Mall is required to reflect fair opinions or complaints from customers and establish and operate customer service center in order to indemnify customers’ loss.
2. The Mall is required to take care of complaints or opinions from customers first.
However, if the Mall is not able to handle it quickly, the Mall notifies the customer immediately of the reason and processing schedule.
3. All disputes regarding ecommerce between the Mall and a customer are subject to grievance mediation by Fair Trade Commission or the organization designated by the mayor or governor.
1. Disputes and legal proceedings between the Mall and customers shall primarily be handled by the competent court at the address of the concerned customer or the District Court. However, if the customer’s address or place of residence is not clear, or the customer resides abroad, the dispute is subject to the competent court under the Civil Procedure Code.
2. Legal proceedings regarding commercial practices shall be subject to the relevant laws of the Republic of Korea.