(Standard terms and conditions by Korea Fair Trade Commission)
Article 1 (Purpose)
The purpose of these Terms and Conditions is to provide for the user’s rights, obligations and liabilities in using the Internet-related service (hereinafter “service”) provided by the website (hereinafter “website”) operated by NeoLab Convergence (business operator of electronic commerce).
※「These Terms and Conditions shall apply mutatis mutandis to the electronic transactions using PC communications, etc., unless doing so is against its nature」
Article 2 (Definitions)
The term “website” means a virtual business place established by a business operator for providing its goods or services to users using information and communication facilities such as computers to trade goods or services, and also means a business operator who operates a cyber website as well.
The term “user” means a member or non-member who accesses the “website” and receives the services provided by the “website” under these Terms and Conditions.
The term “member” means a person who is continuously allowed to be provided with information on the “website” and who can continue to use its services, as he/ she has registered as a member with submission of his/ her personal information.
The term “non-member” means a person who has not registered as a member and uses the services provided by the “website”.
The “website” shall disclose the contents of these Terms and Conditions, name of the company and the representative, address of the office, business registration number, and contact information (telephone, fax, e-mail, etc.) in the full initial service page of the “website” so that the user can look through.
The “website” may revise these Terms and Conditions, to the extent it does not violate such relevant laws as the Act on Regulations of Terms and Conditions, Framework Act on Electronic Transactions, Digital Signature Act, Act on Promotion of Utilization of Information and Communication Network, Act on Door-to-door Sales, etc., and Consumer Protection Act.
In case of amendment to these Terms and Conditions, the “website” shall disclose the date of and the reason for the amendment on the initial service page of the site, from 7 days prior to the application date to the day before the application date.
In case of the amendment to these Terms and Conditions of the “website”, the amended terms shall apply only to the contracts entered into after the effective date of the amendment. However, if the user who has already entered into the contract notifies the “website” of its intention of the application of the amendment clause within the notice period of the amendment clause under paragraph 3 and obtains the consent of the “website,” the amendment clause shall apply to the user.
Any matters not provided for in and interpretation of these Terms of Conditions shall be subject to Act on Consumer Protection in Electronic Commerce, and relevant laws and regulations or commercial practices.
Article 4 (Provision and Change of Service)
The “website” performs the following tasks.
Provision of information on goods or services and conclusion of purchase contracts
Delivery of the goods or services for which the purchase contract is concluded
Such other tasks as “website” sets out
In case of the unavailability of goods or the change of its technical specifications and so on, the “website” may change the contents of the goods and services to be provided by contracts to be concluded thereafter. In this case, the contents of the changed goods and services and also the date of their renewed provision shall be disclosed on the place where the contents of the current goods or service are posted, prior to 7 days before the change occurs.
If there is a need for a change to the services of the website provided under the existing contract with the user due to unavailability of its goods or the change to the its technical specifications and so on, the “website” shall compensate the user for damages caused by this. However, this does not apply if the “website” proves that there is no intention or negligence.
Article 5 (Suspension of Service)
The “website” may temporarily suspend its service provision in the event of maintenance, replacement, or breakdown of information communication facilities, or communication interruption and so on.
In case of suspension of the service under Article 5.1, the “website” shall notify its users in the same manner as provided in Article 8.
The “website” shall compensate the user or other third party for damages caused by the temporary suspension of the service under Article 5.1. However, this does not apply if the “website” proves that there is no intention or negligence.
Article 6 (Membership)
The user subscribes for membership by submitting the membership information in the subscription form set forth in the “website” and expressing his/ her intention to agree to these Terms of Service.
The “website” shall register the applicant under Article 1 as its member except for the following cases.
If the applicant has been previously disqualified as a member Under Article 7.3. hereof, and after 3 years after the loss of the membership under Article 7.3. he/ she obtains the consent of his/ her membership from the “website”.
If the applicant has submitted false, missing or incorrect information in the required subscription form
If it is judged that the registration of the applicant as a member can be significantly impeded by the technology of the “website”
The membership registration contract shall begin when the approval of the “website” reaches the member.
If there is any change in the registration information under Article 15.1., the member shall promptly notify the “website” by e-mail or other means.
Article 7 (Withdrawal of Membership and Loss of Qualification)
Members may at all times request withdrawal from his/ her membership, and the “website” shall immediately proceed with the requested membership withdrawal. .
The “website” may limit and suspend the membership, in case the member commits any of the followings.
Submission of false information in the membership subscription form.
Failure of payment on due date of the purchased goods or services or any other payables due to the “website” in relation to the use of the “website”
Putting fair e-commerce order at risk by interrupting with others’ use of “website” orstealing the information.
Acting against the laws and regulations, these Terms and Conditions or public order and good morals when using the “website”
Despite the membership restriction and suspension, if the same act is repeated two more times or the corresponding cause is not corrected within 30 days, the “website” may disqualify the membership.
In case of the disqualification of the membership, the membership shall be terminated, where the “website” shall notify the member and offer the opportunity to defend before the termination of the membership.
Article 8 (Notice to Members)
The “website” can deliver its notice to the member by the e-mail address the member has submitted to the “website.”
In case of the notice to many unspecified members, the individual notice can be replaced by posting such notice on the website’s bulletin board for more than a week,
Article 9 (Application for Purchase)
Users of the “website” shall apply for the purchase on the “website” in accordance with the following procedures.
Expressing the intention of agreeing to the contents of these Terms and Conditions (such as a mouse click of yes button)
Article 10 (Establishment of Contract)
The “website” accepts the purchase application made under Article 9, unless it falls under any of the followings.
If there is false, missing or incorrect information
If a minor purchases any goods or services prohibited under the Juvenile Protection Act, including tobacco and alcoholic beverages, etc.
If it is judged that accepting the purchase application can be significantly impeded by the technology of the “website”
The contract shall be deemed to be established at the time when the consent of the “website” reaches the user in the form of acknowledgment notification pursuant to Article 12.1.
Article 11 (Payment Methods)
Payment of the goods or service from the “website” may be made by one of the following methods.
Online deposit without a bank book
Payment on receipt, etc.
Article 12 (Receipt acknowledgment notification, change and cancellation of purchase application)
Upon the receipt of the user’s purchase application, the “website” shall notify the user of its receipt.
The user who finds any incorrect information with his/ her intention in the receipt acknowledgment notification may request a change or cancellation of the purchase application immediately after the receipt the website’s acknowledgment notification.
If there is a request for a change or cancellation made before delivery, the “website” shall process the request for the change or cancellation without delay.
Article 13 (Delivery)
Regarding the purchased goods by the user, the “website” shall stipulate the means of its delivery, party responsible for the delivery, delivery period for each means of delivery and so on. In case of the delivery made later than the contracted delivery time, the website shall compensate the user for the damage caused out of the late delivery, if it has been caused by its intention or negligence.
Article 14 (Refund, Return and Exchange)
In case goods or services for which a user has applied for the purchase cannot be delivered or provided due to such reasons as its unavailability, the “website” shall notify the cause to the user without delay, terminate the contract and process the refund procedure within 3 days from the receipt of the payment if the website has already received the payment of the goods or services, or otherwise, 3 days from the occurrence of the cause.
Upon the request from the user, “website” shall process the refund, return and exchange procedure of the returned goods within the 20 days of the delivery, if the case falls under any of the followings.
If there is discordance between the delivered goods and the contents of the order or the information provided on the “website”
If there is any breakage, damage, or contamination made to the delivered goods
If the delivery of the goods has been made later than the delivery time provided on its advertisement.
If the purchase application has been madewhere the required content has not been advertised in compliance with Article 18 of Act on Door-to-Door Sales.
Article 15 (Protection of Personal Information)
The “website” collects the minimum information necessary for the fulfilment of purchase contracts when collecting the user’s information.
The following items are mandatory, and others are optional.
Desired ID (for members)
Password (for members)
Cell Phone No.
Where the “website” collects the personally identifiable Information of the user, it shall obtain the consent from the corresponding users.
Personal information provided shall not be used for any other purpose or provided to a third party without the consent of the user, otherwise, the subsequent liabilities shall be borne fully by the “website” except for the following cases.
Giving to the courier the user’s minimum personal information (name, address, phone number) required for the delivery
Providing information in an unidentifiable form for statistical writing, academic research or market research.
In case the website requires the user’s consent pursuant to Article 15.2 and 15.3, it shall notify the user in advance of the matters provided in Article 16.3. of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., including the identity of personal information administrator (division, name, phone number and other contacts), and matters relating to the information provision (person to be provided with the information, purpose and contents of provision), and the user can at all times withdraw the consent.
Users may at all times request the access to and correction of his/ her personal information the “website” holds, and the “website” shall take necessary measures for the request without delay. Upon the request of the correction of personal information, the “website” shall not use the same until the error is corrected.
Thewebsite shall limit the number of personal information administrators for the protection of personal information, and take full responsibilities for any damages of the user caused by the loss, theft, divulgence, forgery of his/ her personal information including credit card and bank account.
Where the purpose of personal information collection or provision is achieved, the “website” or the third party who has received the personal information from the website shall destroy the corresponding information without delay,
Article 16 (Obligations of website)
The “website” shall not act against these Terms and Conditions and public order and good morals and also shall endeavor to provide goods and services in such constant and stable manner as provided in these Terms and Conditions.
The “website” shall establish a security system for protecting the user’s personal information (including credit information) so that users can use the Internet services safely.
Where a user has suffered a damage from any unfair labeling or advertising which violates Article 3 of Act on Fair Labeling and Advertising, the “website” shall be liable for the compensation for such damage.
Thewebsite shall not send its users any unwanted commercial e-mails for profit-making purpose.
Article 17 (Obligations to Members’ ID and Password)
Members are responsible for the management of their own ID and password, except for the cases provided in Article 15.
Members shall not allow their ID and password to be used by any third party.
Where a member recognizes his/ her ID and password are stolen or used by a third party, he/ she shall immediately notify thewebsite and follow the instructions as may be provided by thewebsite.
Article 18 (Obligations of Users)
The users are not allowed to any of the following acts.
Registration of false information upon application or change
Changing the information posted on the “website”
Sending or posting information (such as computer program, etc.) other than the information the “website” allows
Infringement on intellectual property rights such as the copyright of website or other third party.
Acts of impairing the website or other third party’s reputation or disrupting their work
Disclosing or posting on the website any information against public order and good morals, including obscene or violent messages, videos, or voices.
Article 19 (Relationship between Connecting website and Connected website)
Where the upper “website” and the lower “website” are connected by a hyperlink (e.g., a hyperlink that includes any text, image, and moving image), the former is referred to as a connecting “website” (or homepage) and the latter is referred to as a connected website (or homepage).
Where the connecting website has indicated on its site that it will not take any guarantee liabilities for the transaction of goods or services provided independently by the connected website, the connecting website shall not be liable for the transaction.
Article 20 (Attribution and Restrictions of use of Copyrights)
The copyrights and other intellectual property rights on works created by website shall be attributed to the website.
Users, without prior consent of the “website”, shall not use the information obtained by using the “website” for profit-making purpose by copying, transmitting, distributing, broadcasting, and other methods or allow any third party use the information.
Article 21 (Settlement of Disputes)
The “website” shall establish and operate a damage compensation processing mechanism to reflect the legitimate opinions and complaints posed by the user and to compensate the damage.
The “website” will deal with complaints and opinions submitted by users with priority. However, where it is difficult to promptly process the matters, website shall notify the user of the cause and the expected processing schedule.
Where there is a dispute between the website and the user, it may be subject to the adjustment of the Electronic Transactions Dispute Mediation Committee pursuant to Article 28 of Framework Act on Electronic Transactions and its Enforcement Decree.
Article 22 (Jurisdiction and Governing Law)
The lawsuits arising out of the dispute concerning the electronic commerce transactions between the website and the user shall be subject to the jurisdiction of the competent court under the Civil Procedure Act.
The laws of Korea shall apply to the lawsuits filed concerning the electronic commerce transaction between the website and users.