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Article 1 (Purpose)
The purpose of these terms and conditions is to regulate the rights, obligations and responsibilities of Enswers Inc. (the "Company") and users using the Internet related service (the "Service") provided by the "Company".
Article 2 (Definition)
1. “Soompi Shop” is defined as a virtual business place and cyber mall established for the possible transaction of goods or services (the "Goods") by using communication facilities such as computers for the "Company" to provide users with the "Goods" and as a business provider operating such a virtual business place and cyber mall.
2. “User” refers to members who receive the "Goods" provided by the "Company" according to the terms and conditions agreed to by accessing to the “Soompi Shop”.
3. '“Member” means a person who has provided personal information to register with “Soompi Shop” as a member. She or he will use the "Goods” provided by the “Company” and receive information relating to the "Goods” continuously.
Article 3 (Stipulation, explanation and revision of terms and conditions)
1. The “Company” shall post the contents of the terms and conditions, company name and representative’s name, location of business (including the address of the place where consumers’ complaints can be processed), telephone number, parent company transmission number, e-mail address, business registration number, telemarketing business report number and responsible persons for individual information, etc. on initial screen (Front) of the “Soompi Shop” so that “Members” can easily see them. Alternatively, the contents of the policy can be arranged so that “Users” can view them through a linked page.
2. The “Company” shall obtain confirmation from “Users” by separately providing a linked page or popup screen of important content designated in the policy such as application withdrawal, delivery responsibility and refund conditions, etc. so that “Users” can understand them before the users agree to the terms and conditions.
3. The “Company” shall revise the terms and conditions within the scope of not violating relevant acts such as the act on consumer protection in the electronic commerce transaction, regulation of standardized contracts act, framework act on electronic commerce, digital signature act, act on promotion of utilization of information and communications network, door-to-door sales act, consumer protection act.
4. In the case where the “Company” revises its terms and conditions, the “Company” shall publicize from 7 days before the application day to the day before the application day on the initial screen of the “Soompi Shop” together with the current terms and conditions by indicating the application day and reasons for the revision. Provided, In the case the “Company” changes terms and conditions disadvantageous to “Users”, the “Company” shall publicize with a minimum of 30 days prior and in this case, the “Company” shall indicate by clearly comparing the contents before the revision and the contents after the revision so that “Users” can notice them easily.
5. In the case where the “Company” revises its terms and conditions, those revised shall be applied only to contracts signed on and after the application day and the previous terms and conditions before the revision shall apply to contracts already signed before the application day. Provided, the revised terms and conditions will be applied to contracts already signed before the application day, if “Users” of the contracts express their intentions to agree to those revised within period of notice set forth in above 3.
6. Regarding matters not stipulated in the terms and conditions and interpretation of terms and conditions shall follow the law on consumer protection in e-Commerce, etc., regulation of standardized contracts act, consumer protection guideline in e-Commerce, etc designated by thde Fair Trade Commission and related laws on commercial practices of statutes of the Republic of Korea.
Article 4 (Provision and change of service)
1. Contents of the “Soompi Shop” provided by the “Company” are as follows.
A. Provision of information about the "Goods" and signing purchase contracts.
B. Delivery of the "Goods" with conclusion of purchase contracts.
C. Other businesses designated by the “Company.”
2. In the cases of changes of quality or technical specification of the "Goods" the “Company” can change the contents of the "Goods" to be provided by contracts to be signed in the future. In this case, contents of changed "Goods" and the date to be provided shall be notified to “Members” according to Article 8.
3. In the cases when the contents of the "Goods" for which the "Company” signed contracts with “Users” are changed due to reasons of changes of quality or technical specification of the "Goods", the “Company” shall immediately notify the reasons to “Users”.
4. In the case of the previous paragraph, the “Company” shall compensate damages “Users” have suffered due to this. Provided, it is not so In the case it is proved that there is no willful misconduct or negligence of the “Company”.
Article 5 (Interruption of service)
1. In the cases when reasons such as repair, inspection, replacement and breakage, interruption of communication of the information communication facility including computers, etc. occur, the “Company” can suspend provision of the “service” temporarily.
2. The “Company” shall compensate damages suffered by ”Users” by temporary suspension of provision of the “service” due to the reasons in paragraph 1. Provided, it is not so In the case it is proved that there is no willful misconduct or negligence of the “Company.”
3. In the case when the “Company” becomes unable to provide the “service” due to reasons such as transformation of the business line, the business gives up and merging between companies, etc., the “Company” shall notify “Users” of such in the method designated by Article 8.
Article 6 (Membership subscription)
1. “Users” may apply for member subscription by indicating their intention to agree to the terms and conditions after filling out their “Member” information according to the subscription form designated by the “Company.”
2. The “Company” shall register users, who applied for “Members” just like in paragraph 1 as “Members” unless they fall under one of the following paragraphs.
A. In the case the subscription applicants have lost member qualifications in the past according to Paragraph 3 of Article 7 of this policy. Provided, it will be an exception in the case when one obtains re-subscription approval of the “Company” as a person who has elapsed three years after losing member qualification according to Paragraph 3 of Article 7.
B. In the case when there are falsehoods, writing omission and wrong writing in the registration contents of member information.
C. In the case when it is judged to be significantly hurting the “service” in technology if the Company registers as “Members.”
D. In the case when member applicant’s age is under 14 years old.
3. Establishment period of member application shall be the time when member subscription approval of the “Company” has reached to “Members.”
4. In the case when there are changes of member information filled up during subscription, “Member” shall notify the changes to the “Company” immediately by e-mail or another method.
Article 7 (“Member” withdrawal and disqualification, etc.)
1. “Members” can request member withdrawal anytime to the “Company” and In the case when there are withdrawal requests of “Members,” the “Company” shall accept member withdrawals and process it.
2. In the case when “Members” fall under one of the following paragraphs, the “Company” can limit or suspend “Member” qualification.
A. In the case when false contents are discovered in the contents of subscription application.
B. In the case when “Members” fail to implement liabilities to the “Company” within the due date such as non-payment of service fees with regard to uses of the “service.”
C. In the case when it threatens e-Commerce order such as disturbing use of the “service” of other people or stealing the information.
D. In the case when it is decided that the “Company” cannot notify “Members” due to faults of “Members” such as no-report of changes of address or contact information submitted by “Members.”
E. In the case when there are behaviors of violating public morals or regulations prohibited by relevant laws related to uses of the “service” and this policy.
3. In the case of each paragraph of the following, the “Company” can forfeit member qualification.
A. In the case when the same behavior is repeated over two times or such behaviors are not corrected within 30 days after the “Company” has limited or suspended member qualification according to paragraph 2 of this Article.
B. In the case when the “Company” decides reasonably by objective data that “Members” use this service with illegal or unjustifiable purpose.
4. In the case when the “Company” forfeits integration member qualification, “Member” registration is deleted. In this case, the Company shall notify this to “Members” and shall provide opportunity to vindicate by designating minimum over 30 days before deletion.
Article 8 (Notification to “Members”)
1. In the case when the “Company” notifies “Members,” the Company can send to the e-mail address “Members” have agreed and designated in advance with the “Company.”
2. In the case of notification to an unspecific number of many “Members,” the “Company” can substitute individual notification by posting on a bulletin board of the service over one week. Provided, it shall be, in principle, notified individually for matters making significant impacts on “Members” relating to transactions.
Article 9 (Purchase Order)
“Users” of “Soompi Shop” may make an offer to purchase the “Goods” on the following or similar methods, and each of the following information must be provided by “Soompi Shop” for have the “Users” easy to understand in offering to purchase the “Goods”. However, “Members” can be excluded from applying No. 2 to No. 4.
1. Search and selection of the “Goods”
2. Input of name, address, telephone number, e-mail address (or mobile phone number) etc.
5. Request to purchase the “Goods” or confirmation of such request or agreeing to confirmation from “Soompi Shop ”.
6. Choice of payment method
Article 10 (Conclusion of contract)
1. The “Company” may not accept purchase application of “Users”, if it falls under each of the followings. Provided, if “Soompi Shop” makes a contract with a minor, it must be notified that the minor or his or her legal representative may cancel the contract if the minor fails to get the approval of the legal representative.
A. In the case when there are falsehoods, mistakes or omissions in the application.
B. In the case a minor applies to purchase the “Goods” prohibited by the Minor Protection Law.
C. In the case when it is obvious to cause significant problems on the “service” in technology if the Company accepts such application.
2. A contract is concluded when a consent of the “Company” is reached to “Users” in the form of notice of receipt according to Paragraph 1 of Article 12.
3. In consent of the “Company,” the information relating to the confirmation to purchase application of “Users”, possibility of sales, and revision or cancellation of application shall be included.
Article 11 (Payment method)
“Users” may use the following method to pay for the “Goods” purchased from the “Soompi Shop”: Payment through PayPal.
Article 12 (Notice of Receipt, changes and cancellation of request for purchase / delivery)
1. The “Company” shall make a notice of receipt to “Users” in response to an offer of purchase by “Users”.
2. “User” can revise or cancel the offer of purchase immediately after receiving the notice of receipt. In the case there is non-conformity between the offer and the acceptance and the “Company” shall follow to meet the requests without delay when such requests were made before delivery of goods. Provided, in the case when payment is already made, regulation on withdrawal of an offer of Article 16 shall be applied.
Article 13 (Supply of “Goods”)
The “Company” shall deliver the “Goods” within seven days from the date of offer by “Users” by taking necessary measures, unless there are different covenants with “Users”. At this time, the “Company” takes proper measures so that “Users” can check delivery procedure.
Article 14 (International Delivery Services)
1. The “Company” will provide services of international delivery of the “Goods” for which a sales contract is entered into through international delivery networks that are in a business partnership with the “Company”. The stages of international delivery will consist of the following:
1) Domestic Delivery: up until the “Goods” purchased by a “User” are warehoused in a logistics center of a third party that is in the business partnership with the “Company”; and
2) International Delivery: from the warehousing, to the delivery to the recipient through international delivery networks.
2. A sales contract may be cancelled at any time before the start of delivery of the “Goods”, and a return due to a change of mind of a “User” will be allowed only up to the stage of domestic delivery. As a general rule, no return will be allowed once the stage of international delivery commences; provided, as an exception, if the “Company” approves an exchange or a return for a reason such as an inherent defect in the “Goods”, the “Goods” may be returned even after international delivery is completed.
3. A “User” who intends to obtain the approval of the “Company” for an exchange or a return shall submit objective evidence to the “Company” to prove the reasons such as an inherent defect in the “Goods”, and if such an inherent defect is proved, the “Company” shall bear all necessary costs and expenses incurred for an exchange or a return, including without limitation delivery costs, etc.
4. “Users” shall bear any and all costs and expenses such as customs duties and any other taxes, etc. that may incur in the country of destination.
Article 15 (Refund)
1. The “Company” shall notify the reasons to ”Users” without delay when the “Goods” ordered by “Users” cannot be delivered because of reasons such as absence of stock, etc. In the case when “Users” have paid for the “Goods”, the “Company” shall refund immediately.
Article 16 (Offer withdrawal, etc.)
1. “Users” may withdraw the offer of purchase within seven days from the day of receiving the notice of receipt . Provided, In the case when the delivery of the “Goods” were not made until receiving the notice of receipt, “Users” may withdraw the offer of purchase within forty days from the delivery date or the date when the delivery is started.
2. In the case of the offer withdrawal, following terms will be applied:
(1) The “Company” shall bear the costs and expenses incurred for the return of the “Goods” in the case of a defect in the “Goods”, non-conformity of the “Goods” with the specifications or the order.
(2) “Users” shall bear the costs and expenses incurred for the return of the “Goods” in the case of simple change of “Users” mind.
(1) The “Company” shall bear the costs and expenses incurred for the exchange of the “Goods” in the case of a defect in the “Goods”. The “Goods” of only the same size and color will be allowed for the exchange.
(2) “Users” shall bear the costs and expenses incurred for the exchange of the “Goods” in the case of simple change of “Users” mind.
(3) Even if an exchange is requested, an exchange may not be possible if the “Company” has no stock for the exchange, and in such case, the request will be processed as a Return.
(1) “Users” may cancel an order of purchase at any time prior to the shipping of the purchased “Goods”.
(2) The “Company” shall notify “Users” who are participated in a collaborative purchase of the reasons if it cannot supply the “Goods” to them because of lack of required number and cancellation procedures and refund of payment shall be taken within seven business days from next day of closing date
(3) Once a collaborative purchase become effective, the “Company” cannot cancel the collaborative purchase, even if lack of required number occurs because of the cancellation of the offer after closing date.
D. Profit and loss of foreign exchange
Profit and loss of foreign exchange shall be borne by “Users” in the case of cancellation, return or exchange of the “Goods” because of simple change of “Users” mind and it shall be borne by the “Company” in the case of cancellation, return or exchange of the “Goods” because of a defect in the “Goods”.
3. In any of the following cases, “Users” shall not demand a Return, Exchange or Refund:
(1) if the “Goods” are lost, destroyed or damaged due to any reason attributable to “Users”;
(2) if the value of the “Goods” have notably decreased due to use or partial consumption by “Users”;
(3) if the value of the “Goods” have notably decreased due to the passage of time so as to make its resale difficult;
(4) if the packaging of a duplicable media product (e.g. software, CDs, DVDs, etc.) is damaged.
4. Even In the cases of (2) to (4) of above Section 3, the right of cancellation of offer of “Users” shall not be limited, if the Company” does not clearly state the rules on the “Soompi Shop” or not provide “users” with trial goods.
5. If the “Goods” are different from indication/advertisement or the “Company“ fails to meet the terms of contract relating to supply of the “Goods”, “Users” can withdraw applications within three months of the date of receipt of the “Goods” or within thirty days from the day when “Users” recognize such facts.
6. The “Company” may regulate separate terms relating to cancellation and refund depending on the nature of the “Goods” and in this case, such separate terms shall prevail.
Article 17 (Effect of application withdrawal, etc.)
1. In the case the “Company” receives a return of the “Goods” from “Users”, the “Company” shall refund payment of the “Goods” within three business days from the day of the return receipt. If the “Company” fails to refund the payment within the due date, the “Company” shall pay interests for the days in arrears to “Users”. The rate of interests shall be as per the rate notified by Korean Fair Trade Commission.
2. In the case of a refund, if payment by “Users” has been made by a credit card or electronic money transfer, the “Company” shall suspend or cancel the settlement without delay by a request to service providers in charge.
3. The “Company” does not make a claim to “Users” for penalty or damages relating to application withdrawals, etc.
Article 18 (Protection of individual information)
1. If necessary for implementing purchase contracts, the “Company” shall collect minimal information from “Users”. The following information shall be mandatory and other information shall be optional.
C. Telephone number
D. Desired ID
F. E-mail address (or Mobile telephone number)
2. When the “Company” collects information relating to personal identification, the Company shall obtain definitive consent of corresponding “Users”.
3. The “Company” shall not use collected individual information for purposes other than the “service” or provide this information to a third party without the consent of corresponding “Users”. Provided, the following cases are exceptions.
A. In the case when minimal information of users like name, address and telephone number required for delivery is notified to carriers.
B. In the case when information with no personal identification is provided for the use and preparation of statistics, academic research or market surveys.
C. In the case when it is required for the settlement of payments relating to the transactions of the “Goods”.
D. In the case when personal identification is required in order to prevent identity theft.
E. In the case when there are inevitable reasons according to relevant laws.
4. In the case of paragraph 2 and paragraph 3, the “Company” shall stipulate or publicize in advance information regulated by paragraph 2 of Article 22 of Korean act on promotion of utilization of information and communications network such as the identification of persons in charge of the management of individual information (department , name and telephone number and other contact points), purpose of collection and for the purpose of using information and particulars on providing information to the third party (recipient, purpose of provision and contents of information to be provided) and “Users” can withdraw his/her consent anytime.
5. “Users” can always request to check their own individual information saved by the “Company” and to have errors within the information corrected and the “Company” has the obligation to take necessary measures without delay. In the case when ”Users” request correction of errors, the “Company” shall not use corresponding individual information until the errors are corrected.
6. The third party who has received individual information from the “Company” shall destroy corresponding individual information without delay when the purpose of collection or purpose of receiving individual information is accomplished.
7. The “Company” can use individual information of “Users” for sales promotion activity (e-mail ads, mobile ads and telemarketing ads, etc.) subject to consent of “Users” for the improvement of the quality of various services and new services for ”Users” by the “Company.”
Article 19 (Obligation of the Company)
2. The “Company” must have a security system for the protection of individual information (including credit information) of “Users” so that “Users” can use Internet services safely.
3. The “Company” shall be responsible for all damages of “Users” due to miss indication/advertisement set forth in Article 3 Korean Act on fair labeling and advertising by the “Company”.
4. The “Company” shall not send e-mails of advertisements for the purpose of business against the “Users” will.
Article 20 (Obligation of “Members” regarding ID and Password)
1.”Members” shall be responsible for the control of their own ID and Password except in cases the stated in Article 18.
2. “Members” shall not have any third party use their own IDs and Passwords.
3. In the case when “Members” recognize that their IDs and Passwords are stolen or unauthorized use by a third party, “Members” shall immediately notify the “Company” and shall follow the guide of the “Company” if any.
Article 21 (Obligation of members)
“Members” are prohibited from the following:
1. Register false information when filling out applications or making changes.
2. Stealing the personal information of other people.
3. Change information posted on the “SHOP”
4. Transmit or post information (such as computer programs, etc) other than those designated by the “Company.”
5. Infringe on intellectual property rights such as copyrights, etc. of the “Company” or any third parties.
6. Hurt the reputation or disturb business of “Soompi Shop” or any third parties.
7. Post an obscene or violent message, video, image, voice and other information contrary to public order and standards of decency on the “Soompi Shop” or slander other people (Provided, in this case, the “Company” can delete such postings at its discretion).
Article 22 (Connection of site)
1. “Soompi Shop” can be connected to other web sites by hyperlink methods (texts, pictures and videos are included in objects of the hyperlink).
2. The “Company” shall not be liable for damages accrued by “Users” from the direct and independent transaction of goods or services of ”Users” with a connected site.
Article 23 (Claim of copyright and limitation of use)
1. Copyrights and other intellectual property rights on publications prepared by the “Company” shall belong to the “Company.”
2. “Users” shall not use for their own business purposes or allow third parties to use information, the copyrights of which belong to the “Company” obtained by using the “Soompi Shop” by the methods such as copying, transmission, publication, distribution and broadcasting without prior approval of the “Company.”
Article 24 (Posting materials)
1. Posting materials include articles of “Members” posted on a bulletin board of the “service” and questions and answers (Q&A) of the service, etc.
2. “Members” shall solely and exclusively be responsible for any losses or problems generated by information and Q&A posted by “Members” and the “Company” is not liable for this.
3. “Members” cannot register contents prohibited by public order and standards of decency or infringing on intellectual property rights including copyrights and other rights of a third party and all responsibilities for results generated due to posting materials of such content shall be solely attributed to the “Members.”
4. The “Company” can delete, move or reject registration of materials posted or data corresponding to the following without prior notification.
- In the case of the contents providing serious insult or damaging the reputation of other “Members” or the third parties.
- In the case of distribution or linking of the contents prohibited by public order and standards of decency.
- In the case of the contents encouraging illegal copying or hacking.
- In the case of advertisement for the purpose of business.
- In the case of the contents recognized objectively to be connected to crimes.
- In the case the content infringes on the rights such as copyrights, etc. of other “Users” or the third parties.
- In the case it breaches the principle of posting materials regulated by the “Company” or it does not conform to the character of the bulletin board.
- In the case it is decided to violate other relevant laws.
- In the case when a claim is raised from a third party due to reasons of infringement on copyrights and other rights, defamation or obscenity in the contents of posting materials, the “Company” can delete the corresponding posting materials at its discretion and such deleted posting materials can be registered again only after receipt of an application by a party who registered posting materials with evidences that a concluded judgment or an amicable settlement between the parties concerned has been made for the party.
Article 25 (Advertisement posting, etc.)
1. The “Company” can post commercial ads on “Soompi Shop” or can send commercial ads to individual “Users” by using e-mail, DM (Letters) or SMS for securing financial base to provide the best service to “Users.” Provided, the “Company” shall not send e-mail, DM (Letters) or SMS to “Users” who expressly state their intentions of the refusal of the receipt.
2. “Users” can express their intentions of the refusal of the receipt of e-mail, DM (Letters) or SMS on the member subscription page, the “Member” information page after joining as a “Member” and relevant column on the mail service of “Soompi Shop ”.
3. The "Company" shall not be liable for damages of the “Member” occurred by direct sales of the “Member” with an advertiser at “Soompi Shop ”.
Article 26 (Settlement of a dispute)
1. The “Company” shall establish and operate a damages claim center for “Users” to reflect opinions or complaints suggested by “Users” and to handle the compensation of the damages of “Users”.
2. The “Company” shall handle opinions or complaints suggested by “Users” as a priority. Provided, in the case when it is difficult to solve them promptly, the “Company” shall immediately notify the “Users” of the reason and anticipated time frame to resolve the complaint.
3. In the case when “Users” apply for damage relief in connection with e-Commerce disputes with the “Company” , the “Company” may agree to a recommendation from a mediation by a relevant institution appointed by Korean Fair Trade Commission or mayors/governors.
Article 27 (Jurisdiction)
1. Any claim or controversy arising between the “Company” and “Users” shall be submitted to the court having jurisdiction over address or place of residence (in case of no identified address) of “Users” at the time of filing the suit. Provided, if there is no identified address or place of residence of “Users” at the time of filing the suit or “Users” reside overseas, the suit shall be filed to the court having jurisdiction over address of the “Company”.
2. This Agreement is subject to and shall be construed and interpreted under the laws of the Republic of Korea.