서비스 이용약관(영어)
Chapter 1: General Provisions
Article 1 (Purpose)
The purpose of these Terms and Conditions is to define the rights, obligations, and responsibilities of the cybermall operated by B&O Corporation (hereinafter referred to as the “Company”) and its users (hereinafter referred to as “Users”) in connection with the use of internet-related services provided through the cybermall.
Article 2 (Definitions)
1. The term "Mall" refers to a cybermall established by the Company that uses computers and other information and communication devices to enable transactions of goods or services (hereinafter referred to as “Products”) with Users.
2. The term "User" refers to any individual or entity who accesses the Mall and uses the services provided by the Company in accordance with these Terms and Conditions, including both Members and Non-Members.
3. The term "Member" refers to an individual who has registered as a member of the Mall and can continuously use the services provided by the Mall.
4. The term "Non-Member" refers to an individual who uses the services provided by the Mall without registering as a Member.
5. The term "Seller" refers to an entity that has entered into an “Internet Shopping Mall Entry Agreement” with the Company and sells Products through the Mall.
Article 3 (Specification, Explanation, and Amendment of Terms and Conditions)
1. The Company shall display these Terms and Conditions, along with its name, representative's name, business address (including the address for handling customer complaints), phone number, fax number, email address, business registration number, electronic commerce registration number, and the contact information for the person in charge of personal information management, on the main page of the Mall for easy access by Users. However, the content of these Terms and Conditions may be made available via a linked screen for User review.
2. Before Users agree to these Terms and Conditions, the Company must provide a separate link or pop-up screen highlighting critical details, such as withdrawal rights, delivery responsibilities, and refund conditions, to ensure that Users fully understand these key provisions.
3. The Company may amend these Terms and Conditions to the extent that such amendments do not violate applicable laws, including but not limited to the Consumer Protection Act in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, and the Consumer Protection Act.
4. When amending these Terms and Conditions, the Company shall specify the effective date and reasons for the amendments and notify Users by posting them alongside the current Terms and Conditions on the main page of the Mall at least seven days prior to the effective date. If the amendments are disadvantageous to Users, the notification and posting period shall be at least 30 days. In such cases, the Company shall clearly compare the existing and amended provisions to make them easily understandable.
5. Users may terminate agreements governed by the pre-amendment Terms and Conditions at any time up until the effective date of the amendments. Users who do not express objections to the amended Terms and Conditions before the effective date will be deemed to have accepted the changes.
6. The Company may establish additional terms and conditions for specific services offered within the platform (“Separate Terms”). Separate Terms shall apply upon obtaining the User’s consent, and in case of conflict, the Separate Terms shall take precedence over these Terms and Conditions.
7. Matters not specified in these Terms and Conditions or issues regarding their interpretation shall be governed by relevant laws, such as the Consumer Protection Act in Electronic Commerce, the Act on the Regulation of Terms and Conditions, guidelines issued by the Fair Trade Commission for Consumer Protection in Electronic Commerce, and established commercial practices.
Article 4 (Provision and Modification of Services)
1. The Company performs the following services:
Operation and development of the platform for the transaction and provision of information regarding Products;
Assistance with the search for Product information;
Support related to the purchase of Products;
Services related to payment processing and financial settlements;
Other services deemed necessary by the Company for electronic commerce.
2. The Company reserves the right to modify the content of Products provided through the Mall in cases such as Product unavailability or changes in technical specifications. In such cases, the Company shall promptly notify Users by posting the updated Product information and availability dates in the same location as the original content.
3. If changes occur to the content of services due to Product unavailability or alterations in technical specifications, the Company shall immediately notify Users at an address or other contact method provided by the User.
4. If the Company changes the content of services as described in Paragraph 3, and this results in damages to Users, the Company shall compensate for such damages. However, the Company shall not be liable if it can prove that the changes were made without negligence or intent to cause harm.
Article 5 (Service Interruption)
1. The Company may temporarily suspend the provision of services due to reasons such as maintenance, replacement, or malfunction of computer or other information communication systems, or disruptions in communication networks.
2. In the event of a temporary service interruption as described in Paragraph 1, the Company shall compensate Users or third parties for any resulting damages. However, this does not apply if the Company can prove that the interruption was not caused by intentional misconduct or negligence.
Article 6 (Membership Registration)
1. Users may apply for membership by completing the registration form provided by the Company and expressing their consent to these Terms and Conditions.
2. The Company shall register applicants as members unless they fall under any of the following categories:
1. Applicants who have previously lost membership status pursuant to Article 7, Paragraph 3. However, this exclusion does not apply if more than three years have passed since the loss of membership status, and the Company has approved their re-registration as a member.
2. Applicants who provide false, incomplete, or incorrect information during registration.
3. Applicants whose membership registration is deemed technically or operationally infeasible by the Company.
3. The membership contract becomes effective when the Company’s approval is communicated to the applicant.
4. Members must promptly update their registered information with the Company in case of any changes, using methods such as modifying their member profile.
5. To comply with applicable laws, including but not limited to the Motion Picture and Video Production Act, the Youth Protection Act, and the Chemical Substances Control Act, the Company may restrict a User’s access to services or purchases of certain products. The Company may also require Users to undergo age verification or identity confirmation procedures as necessary.
Article 7 (Membership Termination and Restriction of Use)
1. Members may request to terminate their membership at any time, and the Company shall promptly process the termination upon receiving the request.
2. The Company may restrict or suspend a Member’s membership in the following cases:
1. If the Member provides false information during the registration process.
2. If the Member fails to fulfill payment obligations for goods purchased via the Platform or other liabilities related to the use of the Platform by the due date.
3. If the Member disrupts another person’s use of the Platform or misappropriates information, thereby undermining the order of electronic commerce.
4. If the Member uses the Platform to engage in actions prohibited by laws, these Terms, or public order and morality.
3. If the Company restricts or suspends a Member’s membership, and the same behavior is repeated twice or more, or if the issue is not resolved within 30 days, the Company may terminate the Member’s membership.
4. If the Company terminates a Member’s membership, it shall delete the Member’s registration. In this case, the Company will notify the Member of the termination and provide at least 30 days for the Member to present an explanation before the registration is deleted.
5. Notwithstanding Paragraphs 2 through 4, the Company may immediately revoke membership or permanently restrict access to the Company’s services if any of the following occurs. The Company will notify the Member or User of the violation within three days of discovery:
1. Deliberately damaging goods received and requesting a return or refund under false pretenses.
2. Using another person’s identity or information to access services.
3. Engaging in abnormal payment activities in violation of relevant laws such as the Specialized Credit Finance Act, or improperly utilizing the Company’s system.
4. Repeatedly canceling orders, returning goods, or requesting refunds without legitimate reasons, thereby disrupting the Company’s operations.
5. Exploiting payment methods for criminal activities or for unauthorized financial gain.
6. Inflicting physical or psychological harm on Company employees through abusive language, threats, or inappropriate behavior.
7. Using the Platform in an abnormal manner to disrupt the Company’s operations or interfere with other Users’ service experience, significantly infringing on their rights or interests.
Article 8 (Notification to Members)
1. The Company may provide notifications to Members via the email address designated by the Member at the time of registration. If a Member’s designated email address changes, the Member must update the information through the methods prescribed by the Platform. If the Member fails to do so, and the Company sends a notification to the previously designated email address, the notification shall be deemed valid.
2. For notifications addressed to an unspecified number of Members, the Company may substitute individual notifications by posting the information on the Platform’s bulletin board for at least seven days. However, for matters that significantly affect a Member’s transactions, the Company will send individual notifications.
Article 9 (Responsibilities of the Company)
1. The Company shall comply with applicable laws and these Terms, refrain from actions contrary to public order and good morals, and make every effort to continuously and reliably provide goods and services as stipulated in these Terms.
2. The Company shall implement a secure system to protect Users’ personal information (including credit information) to ensure that Users can safely utilize internet services.
3. If a Member submits a legitimate complaint or opinion, the Company shall endeavor to resolve the issue and may provide appropriate compensation.
4. The Company shall not send unsolicited commercial emails to Users for profit-driven purposes.
Article 10 (Responsibilities for Member ID and Password)
1. The Member is responsible for managing their ID and password.
2. Members shall not allow third parties to use their ID or password.
3. If a Member becomes aware that their ID or password has been stolen or is being used by a third party, they shall immediately notify the Company and follow the Company’s guidance.
Article 11 (Obligations of Users)
1. Users shall comply with these Terms, the Company’s usage policies, instructions, and all relevant laws.
2. Users shall not engage in the following actions:
1. Providing false information during registration or modification of membership details.
2. Misusing another person’s information.
3. Altering information posted on the Platform without authorization.
4.Transmitting or posting unauthorized information (e.g., computer programs) other than what is specified by the Company.
5. Infringing upon the intellectual property rights, such as copyrights, of the Company or third parties.
6. Damaging the reputation of the Company or third parties, or interfering with their operations.
7. Publicly disclosing or posting obscene, violent, or otherwise offensive messages, images, sounds, or information that violate public order and good morals on the Platform.
Article 12 (Payment Methods)
The payment for goods purchased on the Platform may be made using one of the following methods. However, the Company may decide on specific payment methods from the options below as deemed necessary. The Company shall not impose any additional fees on Users for payment methods:
1. Transfers via phone banking, internet banking, or email banking.
2. Payments via prepaid cards, debit cards, or credit cards.
3. Online wire transfers.
4. Payments using electronic currencies (e.g., mobile payments or online payment services).
5. Payment upon delivery.
6. Payments using vouchers recognized or contracted by the Platform.
7. Any other electronic payment methods recognized by the Company.
Article 13 (Provision of Purchase Protection Services)
1. The Company provides a "Purchase Protection Service" to ensure the safe transaction of payment for goods. Under this service, if the User makes a payment using any method other than those specified in Article 12, Paragraphs 2 and 5, the payment is held in escrow with a third party. The payment is then transferred to the Company or the seller only after the goods have been delivered successfully.
2. The User must notify the Company of the completion of the transaction within four (4) business days after the transaction date. If the User fails to provide such notification without a valid reason within this period, the escrowed payment may be released to a settlement agency designated by the Company.
Article 14 (Privacy Protection)
1. The Company collects only the minimum amount of personal information necessary for service provision when gathering User information.
2. The Company does not collect information necessary for executing a purchase agreement during the membership registration process. However, exceptions are made for the collection of specific minimal personal information required for identity verification to fulfill legal obligations before the purchase agreement is finalized.
3. When collecting or using a User’s personal information, the Company shall notify the User of the purpose and obtain their consent.
4. The Company shall not use the collected personal information for any purpose other than the originally intended purpose. If a new purpose arises or if the information is to be shared with a third party, the Company shall notify the User of the new purpose and obtain their consent during the utilization or sharing process, except where otherwise stipulated by law.
5. When seeking the User’s consent under Paragraphs 2 and 3, the Company shall provide clear information in advance, including the identity of the person responsible for personal information management (affiliation, name, telephone number, and other contact details), the purpose of collection and use, and details regarding the provision of information to third parties (recipient, purpose of provision, and content of information). Users may withdraw their consent at any time.
6. Users may, at any time, request to view or correct errors in their personal information held by the Company, and the Company is obligated to promptly take the necessary actions.
7. The Company shall minimize the number of personnel handling Users’ personal information to ensure privacy protection. It is fully responsible for any damages incurred by the User due to the loss, theft, leakage, unauthorized provision, or alteration of personal information, including credit card and bank account information.
8. The Company shall promptly destroy any personal information once the purpose of its collection or provision has been fulfilled.
9. If a User refuses to consent to the collection, use, or provision of personal information, the Company shall specify the services that may be restricted as a result. The refusal to provide optional personal information shall not result in denial or restriction of membership registration or service provision.
Chapter 2: E-Commerce Services
Article 15 (Purchase Request and Consent to Provide Personal Information)
Users may place purchase requests on the platform using the following or similar methods. The Company must clearly present the following details to the User to ensure an informed purchase process:
1. Search for and select goods or services.
2. Enter the recipient’s name, address, phone number, email address (or mobile phone number), and other necessary information.
3. Confirm the terms and conditions, including any limitations on the right to cancel the purchase, and details on costs such as shipping and installation fees.
4. Express agreement to the terms and conditions, as well as the items listed in Clause 3, through actions such as clicking a confirmation box.
5. Confirm the purchase request and the platform's acknowledgment of the request.
6. Choose a payment method and complete the payment process.
Article 16 (Formation of Contract and Related Matters)
1. A sales contract is established when the User expresses their intent to purchase, and the Company accepts this intent.
2. The Company’s acceptance of the purchase request is communicated through notification methods, such as pop-ups, confirmation pages, or electronic documents displayed on the platform. The contract is considered valid once the acknowledgment notification reaches the User.
3. The Company’s acknowledgment of the purchase request must include confirmation of the User’s purchase request, information about the availability of goods, and details on modifications or cancellations of the purchase.
4. Upon receiving an acknowledgment notification, the User may request modifications or cancellations if there is any discrepancy. The Company must promptly process such requests if they are made before shipping begins. If payment has already been made, the Company will follow the provisions for withdrawal or cancellation outlined in Article 20.
5. If the Company discovers any of the following issues after the contract has been formed, it may immediately terminate or cancel the contract. In such cases, the Company must refund the User or take necessary refund actions within three (3) business days from the date the payment was made.
6. The Company may reject purchase requests in the following circumstances. If a contract is formed with a minor, the Company must notify the minor or their legal guardian that the contract can be canceled if legal guardian consent has not been obtained:
1. The request contains false information, omissions, or errors.
2. A minor attempts to purchase items prohibited by laws protecting minors, such as tobacco or alcohol.
3. The request is submitted by a User whose membership has been restricted or revoked under Article 7.
4. The request poses significant technical challenges to the Company that prevent fulfillment.
Article 17 (Supply of Goods, etc.)
1. The Company must take the necessary actions to supply goods, etc., within seven (7) days of the User's purchase request. If the User has paid all or part of the price for the goods in advance, the Company must take the necessary actions within three (3) business days from the payment date.
2. The Company must inform the User of the delivery method, the party responsible for delivery costs, and the expected delivery period based on the selected delivery method.
Article 18 (Refund)
If the Company cannot deliver or provide the purchased goods due to stock shortages or other reasons, it must promptly notify the User and, if payment has already been received, refund the amount or take the necessary refund actions within three (3) business days of receiving the payment.
Article 19 (Cancellation of Purchase Agreement)
1. Users who have entered into a purchase agreement with the Company may withdraw their agreement or cancel the contract (hereinafter referred to as "Withdrawal of Agreement, etc.") within seven (7) days of receiving the written contract details as per Article 13(2) of the Act on Consumer Protection in Electronic Commerce. If the supply of goods, etc., occurs later than the receipt of the written details, the withdrawal period begins upon receipt of the goods or the start of their supply. Exceptions to this withdrawal right are governed by the aforementioned Act.
2. Users may not exercise their withdrawal right against the Company’s will in the following cases:
1. If the goods are lost or damaged due to reasons attributable to the User (excluding damage caused by opening the packaging to verify the contents).
2. If the goods’ value significantly decreases due to the User’s use or partial consumption.
3. If the value of the goods significantly decreases over time, making resale difficult.
4. If the packaging of replicable goods has been damaged.
5. If services or digital content have already begun being provided. However, for contracts involving divisible services or digital content, this applies only to the portions already provided.
6. If the goods are custom-made according to the User's specifications, with prior notification of this restriction and explicit consent from the User.
3. If the Company has not clearly informed the User of the restrictions on withdrawal rights in an easily accessible location or provided trial products, the User's withdrawal rights will not be restricted, notwithstanding the provisions of Clauses 2(2)–2(5).
4. Notwithstanding Clauses 1 and 2, Users may withdraw their agreement within three (3) months of receiving the goods if the contents differ from those advertised or do not conform to the terms of the agreement. Additionally, if the User becomes aware of such discrepancies later, they may exercise their withdrawal rights within thirty (30) days of discovering or being able to discover the issue.
Article 20 (Effects of Withdrawal of Agreement, etc.)
1. Upon receiving the returned goods from the User, the Company shall refund the already-paid amount for the goods within three (3) business days. If the refund is delayed, the Company shall pay the User late interest calculated based on the delay interest rate stipulated in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce for the delayed period.
2. If the User paid for the goods using credit cards or electronic payment methods, the Company shall promptly request the payment service provider to suspend or cancel the billing process.
3. For withdrawal of agreement, the User shall bear the cost of returning the goods. The Company shall not claim penalties or compensation for damages due to withdrawal. However, if the goods differ from the advertised content or contract terms, the Company shall bear the cost of returning the goods.
4. If the User incurred shipping costs for receiving the goods, the Company must clearly indicate who will bear such costs in the event of withdrawal, ensuring the User understands the policy.
Article 21 (Emergency Measures)
1. The Company reserves the right to refuse acceptance or delivery of goods if it determines that the User is utilizing the services for illegal, unauthorized, or improper purposes, including violating others’ rights.
2. If goods provided by the Company are sanctioned by authorities, the Company shall deliver such goods to the relevant authority. In this case, the Company shall not bear any responsibility for damages incurred by the User, and the User remains obligated to pay for service usage fees and related costs for such goods.
3. If goods delivered to the Company's address are found to have odor, liquid leakage, or other justifiable concerns requiring immediate action, the Company shall notify the User and take temporary measures such as relocating or storing the goods separately. Any additional costs incurred due to such actions shall be borne by the User, and the Company shall not be liable for any damages caused to the User in this process.
Chapter 3: Intermediary Services for Electronic Commerce
Article 22 (Use of Services and Limitation of Liability)
1. Regarding intermediary services, the Company operates, manages, and provides a system that facilitates transactions between Users and Sellers. Users must verify the detailed information and transaction conditions provided by Sellers on the platform before making purchases.
2. The Company bears responsibilities under applicable laws and is responsible for operating and managing the platform. However, the Company does not act as an agent for either the User or the Seller in transactions conducted on the platform. The risks and responsibilities related to transactions between the User and Seller rest with the parties directly involved.
3. Except for cases where the Company is legally obligated to assume responsibility, the Company does not guarantee the following:
1. The existence or authenticity of the Seller’s intent to sell or the User’s intent to purchase.
2. The quality, completeness, safety, legality, or non-infringement of third-party rights concerning the goods.
3. The truthfulness or legality of the information or materials provided or registered by the Seller.
The risks and responsibilities related to goods transactions between the User and the Seller are borne solely by the involved parties.
Article 23 (Formation of Contract, etc.)
1. In the case of intermediary services for electronic commerce, a sales contract for goods or services is established when the User indicates their intent to accept the Seller's terms and the Seller expresses their intent to approve the User's offer.
2/ Provisions related to the method and content of offer acceptance, the timing of contract formation, and measures in cases of discrepancies in intent shall follow Article 16, wherein the Company is regarded as the Seller.
Article 24 (Supply of Goods, etc.)
1. Upon receiving confirmation of the User's payment, the Company shall guide the Seller to take the necessary steps for delivery within three (3) business days.
2. In the event of disputes related to the delivery of goods between the User, Seller, delivery companies, financial institutions, or other parties, the resolution shall be handled by the concerned parties. The Company bears no responsibility for such disputes unless caused by its willful misconduct or gross negligence.
3. If the User does not express intent for exchange or return within seven (7) days from the date of delivery completion, the Company may consider that the User has confirmed the purchase and automatically update the delivery status to "completed." However, the User may file a report for undelivered goods if the goods were not actually received.
Article 25 (Withdrawal of Agreement, etc.)
1. Upon receiving the User's notice of withdrawal, the Company shall immediately inform the Seller.
2. The party responsible for the cause shall bear the costs of withdrawal, including delivery and other related expenses. In cases of withdrawal due to defects or incorrect delivery of goods, the Seller shall bear such costs. For withdrawal due to the User's change of mind, the User shall bear the costs.
3. If the Seller fails to perform their obligations or delays processing the User's withdrawal request, the Company shall verify whether the withdrawal request aligns with the provisions of Article 20. If deemed valid, the Company may cancel the transaction and refund the payment to the User.
4. Other conditions, limitations, and related notifications regarding withdrawal shall follow the provisions of Article 20, wherein the Company is regarded as the Seller.
Article 26 (Prohibited Acts)
The User may not engage in direct transactions with the Seller without using the services provided by the Company. In such cases, any issues arising from the direct transaction are the responsibility of the parties involved, and the Company assumes no responsibility.
Article 27 (Resolution of Disputes)
1. The Company operates a damage compensation process to reflect legitimate complaints or feedback from the User and resolve any issues.
2. The Company prioritizes processing complaints and feedback submitted by Users. However, if prompt resolution is not possible, the Company will immediately notify the User of the reasons and expected resolution timeline.
3. In case of disputes related to e-commerce between the Company and the User, the dispute may be subject to mediation by a dispute resolution agency referred by the Fair Trade Commission or the relevant provincial governor.
4. The Company operates a dispute mediation body to objectively and smoothly resolve disputes between the User and the Seller.
5. The User is required to cooperate sincerely with the dispute mediation body based on the principle of good faith.
Chapter 4: Other Matters
Article 28 (Copyright Ownership and Usage Restrictions)
1. Copyright and other intellectual property rights for materials created by the Company belong to the Company.
2. The User may not use information obtained from the "Mall" that belongs to the Company's intellectual property rights for commercial purposes (e.g., reproduction, transmission, publication, distribution, broadcasting, etc.) without prior consent from the Company.
3. The User retains the copyright for any content (e.g., product reviews, Q&A) they create while using the Company's services. If such content infringes on the copyright or other intellectual property rights of others, the User bears responsibility.
4. The Company may delete or temporarily block content without prior notice if it meets any of the following conditions. However, the Company will not remove or block content solely because it is disadvantageous to the Company or Seller.
1. Includes content violating Korean laws
2. Posts or advertises illegal products or obscene material prohibited by law
3. Contains false or exaggerated advertising
4. Infringes on the rights, reputation, or legitimate interests of others
5. Encourages direct transactions or links to other sites
6. Contains malicious code or data that could cause malfunction of information and communication devices
7. Violates public order or decency
8. Disrupts the smooth operation of the Company's services
9. Involves criminal activity
10. Contains content that may incite political or economic disputes
5. The Company may use the User's content created under Article 3 for promotional or marketing purposes of products traded in the "Mall." The User will be notified if the Company uses their content.
Article 29 (Jurisdiction and Governing Law)
1. Any lawsuits related to e-commerce disputes between the Company and the User will be filed in the court with jurisdiction according to the Civil Procedure Act.
2. Any e-commerce-related lawsuits between the Company and the User will be governed by the laws of the Republic of Korea.
This Terms of Service will take effect on October 1, 2022.