Standard Terms No. 10023
(Revised on June 26, 2015)
Article 1 (Purpose)
These terms and conditions are intended to stipulate the rights, obligations, and responsibilities of the cyber mall and users in relation to the use of internet-related services (hereinafter referred to as "services") provided by Seoul Web Design Co., Ltd. (an e-commerce business operator) operating the Seoul Web Design website (hereinafter referred to as "mall").
Article 2 (Definitions)
The term "mall" refers to a virtual business place set up to trade goods or services (hereinafter referred to as "goods, etc.") using information and communication facilities such as computers to provide users with goods, etc. It also refers to the business operator running the cyber mall.
② "User" refers to both members and non-members who access the "mall" and receive services provided by the "mall" under these terms and conditions.
③ "Member" refers to a person who has registered as a member of the "mall" and can continuously use the services provided by the "mall."
④ "Non-member" refers to a person who uses the services provided by the "mall" without registering as a member.
Article 3 (Display, Explanation, and Amendment of Terms, etc.)
The "mall" shall display the contents of these terms and conditions, the company name, the name of the representative, the address of the business office (including the address for handling consumer complaints), telephone number, fax number, email address, business registration number, mail-order business report number, personal information management officer, etc., in the initial service screen (front) of the Seoul Web Design website so that users can easily see them. However, the contents of the terms can be viewed by the user through the connection screen.
Before the user agrees to these terms and conditions, the "mall" must provide a separate connection screen or pop-up screen to ensure that the user can understand the important contents such as the withdrawal of subscription, delivery responsibility, refund conditions, etc., and obtain the user's confirmation.
③ The "mall" may amend these terms and conditions within the scope not violating the relevant laws, such as the Act on Consumer Protection in Electronic Commerce, the Act on Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, the Framework Act on Consumers, etc.
④ When the "mall" amends these terms and conditions, it shall specify the application date and the reason for the amendment and notify the current terms and conditions together with the amended terms and conditions from seven days before the application date to the day before the application date on the initial screen of the mall. However, if the terms and conditions are changed unfavorably for the user, the "mall" shall provide a notice with a grace period of at least 30 days. In this case, the "mall" shall clearly compare the contents before and after the amendment to make it easy for the user to understand.
⑤ If the "mall" amends these terms and conditions, the amended terms shall apply only to contracts concluded after the application date, and the provisions of the terms and conditions before the amendment shall apply to contracts already concluded before the application date. However, if an already contracted user wishes to be subject to the amended terms, they may notify the "mall" within the notice period of the amendment specified in Paragraph 3 and obtain the consent of the "mall" to apply the amended terms and conditions.
⑥ Matters not stipulated in these terms and conditions and the interpretation of these terms and conditions shall be governed by the Consumer Protection Act in Electronic Commerce, the Act on Regulation of Terms and Conditions, the consumer protection guidelines established by the Fair Trade Commission, and relevant laws or practices.
Article 4 (Provision and Change of Services)
① The "mall" performs the following tasks:
- Providing information about goods or services and concluding purchase contracts
- Delivery of goods or services for which a purchase contract has been concluded
- Other tasks defined by the "mall"
② If there is a change in the content of goods or services provided or the technical specifications, the "mall" may change the content of the goods or services to be provided by future contracts. In this case, the changed content of the goods or services and the delivery date shall be specified where the current content of the goods or services is posted and notified immediately.
③ If the "mall" changes the content of the service contracted with the user due to reasons such as the shortage of goods, etc., or changes in technical specifications, it shall notify the user immediately of the reason at the address where the user can be notified.
④ In this case, the "mall" shall compensate the user for any damages. However, if the "mall" proves that there is no intentional or negligent fault, this shall not apply.
Article 5 (Interruption of Services)
① The "mall" may temporarily suspend the provision of services in the event of maintenance, replacement, breakdown, or interruption of communication of information and communication facilities such as computers.
② The "mall" shall compensate the user or a third party for damages caused by the temporary suspension of service provision due to the reasons mentioned in Paragraph 1. However, if the "mall" proves that there is no intentional or negligent fault, this shall not apply.
③ In the event that services cannot be provided due to the conversion of business items, abandonment of business, or integration between companies, the "mall" shall notify the users by the method specified in Article 8 and compensate the consumers according to the conditions initially presented by the "mall." However, if the "mall" does not notify the criteria for compensation, etc., the "mall" shall pay the users in kind or cash equivalent to the currency value of the mileage or reserves used in the "mall."
Article 6 (Membership Registration)
① Users apply for membership by filling out the member information according to the registration form set by the "mall" and expressing their consent to these terms and conditions.
② The "mall" shall register the applicant as a member unless they fall under any of the following cases:
- If the applicant has previously lost membership status under Article 7, Paragraph 3, of these terms and conditions, except when the applicant has obtained approval for re-registration from the "mall" after three years from the loss of membership under Article 7, Paragraph 3.
- If there is false information, omissions, or errors in the registration details
- If it is judged that registering as a member has significant technical issues for the "mall"
③ The time of establishment of the membership contract is when the "mall's" acceptance reaches the member.
④ If there are any changes in the information registered at the time of membership registration, the member shall notify the "mall" of the changes within a considerable period of time by modifying the member information, etc.
Article 7 (Withdrawal of Membership and Loss of Eligibility, etc.)
① Members may request withdrawal from the "mall" at any time, and the "mall" shall process the withdrawal immediately.
② In the following cases, the "mall" may limit or suspend the membership qualifications:
- If false information was registered at the time of application
- If the member does not pay the price of goods, etc., purchased through the "mall" or other liabilities related to the use of the "mall"
- If the member interferes with the use of the "mall" by others or steals information, thereby disrupting the electronic commerce order
- If the member uses the "mall" to engage in illegal activities or acts that violate these terms and conditions or public order and morals
③ If the same act is repeated twice or more, or if the reason is not corrected within 30 days after the "mall" restricts or suspends membership qualifications, the "mall" may terminate the membership.
④ If the "mall" terminates the membership, it shall notify the member of the registration cancellation. In this case, the "mall" shall provide the member with an opportunity to explain within a period of at least 30 days before canceling the registration.
Article 8 (Notification to Members)
① When the "mall" notifies a member, it can be done to the email address designated by the member in advance with the "mall."
② In the case of a notification to an unspecified number of members, the "mall" may substitute an individual notification by posting it on the "mall" bulletin board for at least one week. However, for matters that significantly impact the member's own transactions, individual notifications shall be made.
Article 9 (Purchase Application and Consent to Provide Personal Information, etc.)
① Users of the "mall" can apply for a purchase by the following or similar methods, and the "mall" must provide the following details in an easy-to-understand manner when the user applies for a purchase:
- Searching and selecting goods, etc.
- Entering the recipient's name, address, phone number, email address (or mobile phone number), etc.
- Confirmation of the contents of the terms and conditions, services where the right of withdrawal is restricted, delivery fees, installation fees, etc., and the user's agreement to the terms
- Indication of agreement or rejection of these terms (e.g., mouse click)
- Application for purchase of goods, etc., and confirmation of receipt or agreement to confirmation by the "mall"
- Selection of payment method
If the "mall" needs to provide the buyer's personal information to a third party, the "mall" must inform the buyer of 1) the recipient of the personal information, 2) the purpose of use of the personal information by the recipient, 3) the items of personal information provided, and 4) the retention and usage period of the personal information by the recipient, and obtain consent. (The same applies when changes occur.)
③ When the "mall" entrusts a third party with the handling of the buyer's personal information, the "mall" must inform the buyer of 1) the person to whom the personal information is entrusted, and 2) the details of the work entrusted with the personal information, and obtain consent. (The same applies when changes occur.) However, in the case of entrustment necessary for the fulfillment of the contract for service provision and convenience for the buyer, the "mall" may notify through the personal information handling policy in the method stipulated in the Act on Promotion of Information and Communications Network Utilization and Information Protection instead of going through the notification and consent procedure.
Article 10 (Establishment of Contract)
① The "mall" may not accept the purchase application as follows. However, in the case of a contract with a minor, if the minor or legal representative does not obtain consent, the minor or legal representative may cancel the contract:
- If there are falsehoods, omissions, or errors in the application details
- If a minor purchases goods or services prohibited by the Juvenile Protection Act, such as tobacco and alcohol
- If accepting the purchase application is deemed to have significant technical issues for the "mall"
② The contract is considered established when the acceptance of the "mall" reaches the user in the form of a confirmation notification as specified in Article 12, Paragraph 1.
③ The acceptance expression of the "mall" shall include information confirming the user's purchase application and the availability of the sale, correction, or cancellation of the purchase application, etc.
Article 11 (Payment Methods)
The payment methods for goods or services purchased from the "mall" may include the following methods. The "mall" shall not impose any additional fees for any payment method:
- Various account transfers, such as phone banking, internet banking, and mail banking
- Various card payments, such as prepaid cards, debit cards, and credit cards
- Online deposit without bankbook
- Payment by electronic money
- Payment upon receipt
- Payment by mileage or points provided by the "mall"
- Payment by gift certificates contracted with or recognized by the "mall"
- Other electronic payment methods, etc.
Article 12 (Confirmation Notification, Change and Cancellation of Purchase Application)
① The "mall" shall send a confirmation notification to the user upon receiving the purchase application.
② If there is a discrepancy in the user's expression of intention, the user may request a change or cancellation of the purchase application immediately after receiving the confirmation notification, and the "mall" shall process the request without delay before delivery. However, if the payment has already been made, the provisions concerning withdrawal of subscription, etc., in Article 15 shall apply.
Article 13 (Supply of Goods, etc.)
① The "mall" shall take necessary measures such as order production, packaging, etc., to deliver the goods, etc., within seven days from the date of the user's application unless there is a separate agreement with the user regarding the supply period of the goods, etc. However, if the "mall" has already received all or part of the payment for the goods, etc., the "mall" shall take measures within three business days from the date of receiving all or part of the payment. At this time, the "mall" shall take appropriate measures to allow the user to check the supply process and progress of the goods, etc.
② The "mall" shall specify the delivery method, the party responsible for the delivery cost, and the delivery period by delivery method for the goods purchased by the user. If the "mall" exceeds the agreed delivery period, it shall compensate the user for damages caused. However, this shall not apply if the "mall" proves that there is no intentional or negligent fault.
Article 14 (Refunds)
If the "mall" cannot deliver or provide the goods, etc., for which the user has applied for purchase, due to reasons such as shortage, it shall immediately notify the user of the reason and refund the payment or take necessary measures for the refund within three business days from the date of receiving the payment.
Article 15 (Withdrawal of Subscription, etc.)
① A user who has concluded a contract with the "mall" for the purchase of goods, etc., may withdraw the subscription within seven days from the date the user receives the document regarding the contract content in accordance with Article 13, Paragraph 2, of the Act on Consumer Protection in Electronic Commerce. If the delivery of goods, etc., is later than the receipt of the document, the user may withdraw the subscription within seven days from the date of receiving the goods, etc., or the start of the supply. However, if the Act on Consumer Protection in Electronic Commerce provides otherwise, the provisions of the Act shall apply.
② Users cannot return or exchange goods, etc., in the following cases:
- When goods, etc., are lost or damaged due to the user's responsibility (excluding the case where the packaging is damaged to check the contents of the goods, etc.)
- When the value of goods, etc., is significantly reduced due to the user's use or partial consumption
- When the value of goods, etc., has significantly decreased over time, making resale difficult
- If the original packaging of goods, etc., which can be replicated with the same performance, is damaged
③ In cases where the "mall" does not indicate the fact that withdrawal of subscription is restricted in advance at a place where consumers can easily see or take measures such as providing a trial product, the user's withdrawal of subscription is not restricted.
④ Despite Paragraphs 1 and 2, if the content of goods, etc., differs from the information provided in advertisements or if the contract is performed differently, the user may withdraw the subscription within three months from the date of receiving the goods or within 30 days from the date the user knew or could have known the fact.
Article 16 (Effects of Withdrawal of Subscription, etc.)
① The "mall" shall refund the payment within three business days after receiving the goods, etc., returned by the user. If the "mall" delays the refund, it shall pay the delayed interest calculated by multiplying the delay period by the delayed interest rate set forth in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce.
② When refunding the above payment, if the user paid the price of goods, etc., using a credit card or electronic money, the "mall" shall immediately request the business providing the relevant payment method to suspend or cancel the payment for the goods, etc.
③ In the case of withdrawal of subscription, the user shall bear the costs for returning the supplied goods, etc. The "mall" shall not claim penalties or damages from the user for the withdrawal of subscription. However, if the content of goods, etc., differs from the information provided in advertisements or if the contract is performed differently, the "mall" shall bear the costs for returning the goods, etc.
④ If the user is responsible for the shipping costs when receiving the goods, etc., the "mall" shall clearly indicate who bears the costs at the time of withdrawal of subscription.
Article 17 (Protection of Personal Information)
① The "mall" collects the minimum amount of personal information necessary to provide the service when collecting users' personal information.
② The "mall" does not collect information necessary for fulfilling the purchase contract in advance during membership registration. However, if identity verification is required before the purchase contract for the fulfillment of obligations under related laws, the "mall" may collect the minimum amount of specific personal information.
③ When the "mall" collects and uses users' personal information, it shall notify the purpose to the relevant users and obtain their consent.
④ The "mall" shall not use the collected personal information for purposes other than its intended purpose. If a new purpose of use arises or if the information is provided to a third party, the "mall" shall notify the relevant users during the stage of use or provision and obtain their consent. However, if otherwise provided by related laws, this shall not apply.
⑤ If the "mall" must obtain users' consent under Paragraphs 2 and 3, it shall specify or notify in advance the personal information manager's identity (affiliation, name, and phone number, other contact information), the purpose of collecting and using the information, the matters related to providing information to third parties (recipient, purpose of provision, and information to be provided), etc., as stipulated in Article 22, Paragraph 2, of the Act on Promotion of Information and Communications Network Utilization and Information Protection. Users can withdraw their consent at any time.
⑥ Users can request to view and correct errors in their personal information held by the "mall" at any time, and the "mall" shall take necessary measures without delay. If the user requests correction of errors, the "mall" shall not use the relevant personal information until the errors are corrected.
⑦ The "mall" shall limit the number of people handling users' personal information to the minimum and bear all responsibilities for damages caused by loss, theft, leakage, provision to third parties without consent, alteration, etc., of users' personal information, including credit cards and bank accounts.
⑧ The "mall" or a third party receiving personal information from the "mall" shall destroy the personal information immediately when the purpose of collection or provision is achieved.
⑨ The "mall" shall not pre-select the agreement field for collecting, using, and providing personal information. Additionally, the "mall" shall clearly specify the services that are restricted when the user refuses to agree to the collection, use, and provision of optional personal information and shall not restrict or refuse service provision such as membership registration for refusing to agree to the collection, use, and provision of optional personal information.
Article 18 ("Mall" Obligations)
① The "mall" shall not engage in acts prohibited by law and these terms and conditions or acts contrary to public order and morals. The "mall" shall make its best efforts to provide goods and services continuously and stably as stipulated in these terms and conditions.
② The "mall" shall establish a security system to protect users' personal information (including credit information) to allow users to use the internet service safely.
③ The "mall" shall be liable for compensating users for damages caused by the "mall's" unfair display or advertising acts as stipulated in Article 3 of the Act on Fair Labeling and Advertising of Products or Services.
④ The "mall" shall not send profit-seeking advertising emails that users do not want.
Article 19 (Responsibilities for Member's ID and Password)
① The responsibility for managing the ID and password, except for the case in Article 17, lies with the member.
② Members shall not allow third parties to use their ID and password.
③ If a member recognizes that their ID and password have been stolen or used by a third party, they shall immediately notify the "mall" and follow the "mall's" guidance.
Article 20 (User's Obligations)
Users shall not engage in the following acts:
- Registering false information at the time of application or change
- Stealing others' information
- Changing information posted on the "mall"
- Sending or posting information (computer programs, etc.) other than information set by the "mall"
- Infringing the intellectual property rights of the "mall" or third parties
- Damaging the reputation or interfering with the business of the "mall" or third parties
- Posting or disclosing obscene or violent messages, images, sounds, or other information contrary to public order and morals on the "mall"
Article 21 (Relationship Between Connecting "Mall" and Connected "Mall")
① In cases where the upper "mall" and the lower "mall" are connected by hyperlinked methods (e.g., hyperlinked texts, images, or moving images), the former is called a connecting "mall" (website), and the latter is called a connected "mall" (website).
② The connecting "mall" shall not be responsible for guaranteeing transactions made by users independently with the goods provided by the connected "mall" if it is clearly indicated on the initial screen of the connecting "mall" or the pop-up screen when connecting that the connecting "mall" does not take responsibility for the transaction.
Article 22 (Ownership and Restriction on Use of Copyright)
① Copyrights and other intellectual property rights for the works created by the "mall" belong to the "mall."
② Users shall not use the information obtained through the use of the "mall" for commercial purposes or allow third parties to use it without the prior consent of the "mall" by means such as reproduction, transmission, publication, distribution, broadcasting, etc.
③ If the "mall" uses the copyright owned by the user under the agreement, the "mall" shall notify the user.
Article 23 (Dispute Resolution)
① The "mall" shall establish and operate a damage compensation handling organization to reflect the legitimate opinions or complaints raised by users and compensate for the damage.
② The "mall" shall prioritize handling complaints and opinions submitted by users. However, if prompt processing is difficult, the "mall" shall immediately notify the user of the reason and the processing schedule.
③ In the event of an electronic commerce dispute between the "mall" and the user, if the user applies for damage relief, it may be subject to the mediation of the dispute mediation institution requested by the Fair Trade Commission or the city or provincial governor.
Article 24 (Jurisdiction and Governing Law)
① For lawsuits regarding electronic commerce disputes between the "mall" and the user, the court having jurisdiction over the user's address at the time of the complaint shall be the exclusive jurisdiction. If the user's address is unknown, the court having jurisdiction over the user's residence shall have exclusive jurisdiction. However, if the user's address or residence is unclear at the time of filing the lawsuit, or if the user resides abroad, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
② Korean law shall apply to electronic commerce lawsuits filed between the "mall" and the user.