terms and conditions of use
[Article: 1 Purpose]
`The purpose of these terms and conditions is to stipulate the rights, obligations, and responsibilities of cyber malls and users in using Internet-related services (hereinafter referred to as "services") provided by Internet shopping mall (hereinafter referred to as “mall”) operated by PICA Project Co., Ltd. (hereinafter referred to as "company").
These terms and conditions also apply to e-commerce transactions using PC communication, wireless, etc., unless they are contrary to their nature.
[Article 2: Definition]
The term "mall" refers to a virtual business place where Pika Project Co., Ltd. can trade goods, etc. using information and communication facilities such as computers to provide goods or services (hereinafter referred to as "goods, etc.") to users, and it is also used as a meaning of a business operator who runs a shopping mall.
"User" refers to members and non-members who access "mall" and receive services provided by "mall" according to these terms and conditions.
"Member" refers to an individual or corporation that has registered as a member of "Mall," and is able to continuously use the services provided by "Mall." "Corporation" refers to companies and other organizations, not individuals.
"Non-member" refers to an individual or corporation that does not join a member and uses the service provided by "mall".
[Article 3: Clarification, explanation and amendment of terms and conditions]
"Mall" will be posted on the initial service screen (front) of PICA Project Cyber Mall so that users can easily know the contents of the terms and conditions, trade name and representative name, business address (including address where consumer complaints can be handled), telephone number, parent transmission number, e-mail address, business registration number, mail management manager, etc. However, the contents of the terms and conditions can be viewed by the user through the linked screen.
Before the user agrees to the terms and conditions, "Mall" must provide a separate connection screen or pop-up screen so that the user can understand important details such as subscription withdrawal, delivery responsibility, and refund conditions.
"Mall" may be amended to the extent that it does not violate relevant laws such as the Consumer Protection Act, the Terms and Conditions Regulation Act, the Framework Act on Electronic Transactions, the Electronic Signature Act, the Information and Communications Network Utilization Act, and the Consumer Protection Act.
When "Mall" revises the terms and conditions, the date of application and the reason for the revision will be specified and notified on the initial screen of the mall from 7 days before the date of application to the day before the date of application. However, if the terms and conditions are changed against the user, the notice will be given with a minimum grace period of 30 days or more. In this case, "Mall" clearly compares the contents before and after the revision and displays them for ease of understanding by the user.
When "mall" amends the terms and conditions, the revised terms and conditions apply only to contracts concluded after the date of application, and the provisions of the terms and conditions before the amendment apply. However, if a user who has already signed a contract sends the intention of wanting to be subject to the revised terms and conditions to "mall" within the notification period of the revised terms and conditions under paragraph (3) and obtains the consent of "mall", the revised terms and conditions will apply.
The 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 Regulation of Terms and Conditions, the Fair-Trade Commission's Consumer Protection Guidelines, and related laws or business practices.
[Article 4: Provision and modification of services]
"Mall" performs the following tasks:
1. Provision of information on goods or services and conclusion of purchase contracts
2. Delivery of goods or services for which a purchase contract has been concluded.
3. Other duties prescribed by "mall"
"Mall" may change the contents of goods or services to be provided by a contract to be concluded in the future in the event that goods or services are out of stock or changes in technical specifications. In this case, the contents of the changed goods or services and the providing date will be specified and notified immediately to the place where the contents of the current goods or services were posted.
If the contents of the service contracted with the user to be provided by "Mall" are changed due to reasons such as out of stock of goods or changes in technical specifications, the reason will be immediately notified to the user.
In the case of the preceding paragraph, "Mall" compensates to users who suffered by the damage. However, this is not the case if "mall" proves that there is no intention or negligence.
[Article5: Suspension of Service]
"Mall" may temporarily stop providing services in the event of maintenance inspection, replacement and failure or loss of information and communication facilities such as computers
"Mall" compensates to the user or a third party who received by the damage due to the temporary suspension of the provision of services due to the reason under paragraph (1). However, this is not the case if "mall" proves that there is no intention or negligence.
If the service cannot be provided due to the conversion of business items, abandonment of business, or integration between companies, "Mall" notifies the user in the method specified in Article 8 and compensates the consumer according to the conditions originally suggested in "Mall". However, if "Mall" does not notify the compensation standard, the user's mileage or reserves will be paid in kind or cash corresponding to the currency value commonly used in "Mall".
[Article 6: Membership registration]
The user applies for membership by expressing his/her intention to agree to the terms and conditions after filling out the membership information according to the subscription form set by "Mall."
"Mall" registers a user as a member unless it falls under any of the following subparagraphs among users who applied to join as a member as in paragraph (1).
1. The applicant for membership has previously lost his/her membership qualification pursuant to paragraph 3 in article 7 of this terms and conditions, except if he/she has obtained approval for membership registration of "mall" as a person who has passed three years since he/she lost his/her membership qualification under paragraph 3 in article 7.
2. When the registration contents are false, omitted, or misrepresented.
3. In the case where it is deemed that registration as a member of other members significantly hinders the technology of "mall".
The time when the membership contract is established is when the consent of the "mall" has reached the member.
When there is a change in the registration under paragraph 1 in article 15, the member shall immediately notify the "mall" of the change by e-mail or other means.
[Article 7: Withdrawal of membership and loss of qualification, etc.]
Members can request withdrawal from "Mall" at any time, and "Mall" handles withdrawal immediately.
When a member falls under any of the following reasons, "mall" may restrict and suspend membership.
1. When registering false information at the time of application for registration
2. In the case of not paying the payment of goods, etc. purchased using "mall" or other debts borne by the members in connection with the use of "mall" on the due date.
3. In the case of threatening the order of e-commerce, such as interfering with the use of "mall" by others or stealing the information, etc.
4. In the case of prohibiting laws and regulations or these terms and conditions by using "mall" or performing acts contrary to public order and customs.
If the same act is repeated more than twice or the reason is not corrected within 30 days after the "mall" restricts or suspends the membership, the "mall" may make users lose the membership.
In case that "mall" makes lose user membership, the membership registration will be canceled. In this case, the members are notified of this and an opportunity to explain is given for at least 30 days before the cancellation of the membership registration.
[Article 8: Notification to Members]
If "Mall" notifies a member, the member may make a pre-contract with "Mall" and make it an e-mail address designated.
"Mall" can be replaced by individual notifications by posting on the "Mall" community for more than a week in case of notification to an unspecified number of members. However, individual notifications are made on matters that have a significant impact on the member's own transaction.
[Article 9: Purchase Request]
The "mall" user applies for purchase in the following or similar manner on the "mall", and the "mall" must provide each of the following information in an easy-to-understand manner when the user applies for purchase. However, if he or she is a member, the application of subparagraphs 2 or 4 may be excluded.
1. Search and select goods, etc.
2. Enter name, address, phone number, e-mail address (or mobile phone number), etc. of an user.
3. Confirmation of the contents of the terms and conditions, services with limited right to withdraw subscription, delivery fees, installation costs, etc.
4. Indication of acceptance of these terms and conditions and confirmation or rejection of the above subparagraph 3. (e.g., mouse click)
5. Application for purchase of goods, etc., and consent to confirmation " thereof or confirmation of "mall.
6. Selection of payment method.
When “mall” needs to provide to a third-party buyer information such as 1) recipient, 2) purpose of use, 3) lists, 4) period of retention and use of personal, corporate information, a buyer must be informed and agreed. (It is the same if the matters you have agreed to change.)
If "Mall" entrusts a third party to handle the buyer's personal, corporate information, such as 1) a person entrusted with handling personal, corporate information, and 2) contents of the task that required to be entrusted with handling personal, corporate information, (It is the same if the matters you have agreed to change.) However, if it is necessary for the implementation of contracts for service provision and is related to the convenience of buyers, it is not necessary to go through notification and consent procedures by notifying the personal information handling policy in the manner prescribed in the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc. (corporations or other organizations).
[Article 10: Conclusion of the Contract]
"Mall" may not accept any of the following applications for purchase, such as Article 9. However, in the case of signing a contract with a minor, the minor or representative must be notified that the contract can be canceled without the consent of the legal representative.
1. In case the application is false, omitted, or misrepresented.
2. In case minors purchase goods and services prohibited by the Youth Protection Act, such as cigarettes and alcoholic beverages.
3. In the case where it is determined that consent to other purchase applications is significantly hindered by the "mall" technology.
The contract is deemed to have been established when the consent of "mall" reaches the user in the form of a receipt notification under paragraph 1 in Article 12.
The expression of consent of the "mall" shall include information on the confirmation of the user's purchase application and availability, cancellation of correction of the purchase application, etc.
[Article 11: Payment Method]
The payment method for goods or services purchased at "Mall" can be made in any of the following ways. However, "Mall" cannot collect by adding any nominal fee to the payment of goods, etc. for the user's payment method.
1. Phone banking, Internet banking, e-mail banking, etc.
2. Payment by various credit cards such as prepaid cards, debit cards, and credit cards.
3. Online bank transfer
4. Payment by electronic money
5. Payment upon receipt
6. Payment based on points paid by "mall" such as mileage
7. Payment based on gift certificates that have been signed with "mall" or recognized by "mall"
8. Payment, etc. by other electronic payment methods
Article 12: Notice of Receipt, Change or Cancellation Purchase Request]
"Mall" notifies the user of receipt confirmation when there is a user's purchase request.
If there is a discrepancy in the notification of receipt, the user can request the change or cancellation of the purchase application immediately after receiving the notification of receipt, and the "mall" must handle according to the request without delay. However, if the payment has already been made, it shall be in accordance with the provisions on withdrawal of subscription under Article 15.
[Article 13: Supply of Goods, etc.]
"Mall" takes other necessary measures such as customization, packaging, etc. so that the user can deliver the goods within 7 days of the subscription unless there is a separate agreement with the user regarding the supply period of goods. However, if "Mall" has already received all or part of the payment for goods, etc., measures shall be taken within two business days from the date of receipt of all or part of the payment. At this time, "Mall" takes appropriate measures so that users can check the supply procedures and progress of goods.
"Mall" specifies the delivery method, the person responsible for the delivery cost by means, and the delivery period by means for the goods purchased by the user. If the "mall" exceeds the agreed delivery period, the user's damage must be compensated. However, this is not the case if "mall" proves that there is no intentional negligence.
[Article 14: Refund]
"Mall" can notify the user of the reason without delay if the user cannot deliver or provide the goods, etc. requested for purchase due to out of stock, etc., and if the payment is received in advance, refund or take necessary measures for refund within three business days.
[Article 15: Withdrawal of subscription, etc.]
Users who have signed a contract with "Mall" for the purchase of goods, etc. can withdraw their subscription within 7 days from the date of receipt notification.
Users are not allowed to return or exchange goods if they have been delivered and fall under any of the following subparagraphs.
1. In the case that goods, etc. are lost or damaged due to reasons responsible to the user (However, if packaging, etc. is damaged to confirm the contents of goods, etc., the subscription may be withdrawn).
2. In the case that the value of goods, etc. is significantly reduced due to the use or partial consumption by users.
3. In the case that the value of goods, etc. has decreased significantly to the extent that it is difficult to resell over time.
4. In the case that it is possible to reproduce goods, etc with the same performance, and the packaging of the original goods, etc., is damaged.
In the case of subparagraph 2 or 4 in paragraph 2, the user's withdrawal of subscription is not restricted unless the "mall" specifies in advance that the withdrawal of subscription is restricted or measures such as providing trial products are taken.
Notwithstanding the provisions of paragraphs 1 and 2, a user may withdraw his/her subscription within three months from the date of receipt of the goods, etc., or within 30 days from the date of receipt of the goods, etc.
[Article 16: Effect of Withdrawal of Subscription]
"Mall" can refund the amount of goods, etc. already paid within three business days if the goods, etc. are returned from the user. In this case, if "Mall" deliberately delays the refund of goods, etc. to the user, delayed interest calculated by multiplying the delayed interest rate determined and announced by the fair-trade commission will be paid.
"Mall" asks the business operator who provided the payment method to suspend or cancel the claim for goods, etc. without delay when the user pays for goods, etc. by means of payment such as credit card or electronic money in refunding the above payment.
In the case of withdrawal of subscription, the user is responsible for the cost of returning the supplied goods. "Mall" does not charge the user for penalty or damages due to withdrawal of the subscription. However, if the contents of goods, etc. are different from the contents of the display or advertisement, or if the subscription is withdrawn due to different implementation from the contents of the contract, "Mall" will bear the cost required for the return of goods, etc.
When the user pays for the shipping fee when receiving goods, etc., "Mall" clearly marks the user to know who will pay for the fee when withdrawing the subscription.
[Article 17: Personal Information Protection]
"Mall" collects the minimum information necessary to fulfill the purchase contract when collecting information from users. The following are mandatory, and the rest are optional.
2. Date of birth
4. Phone number
5. Desired ID (for members)
6. Password (for members)
7. E-mail address (or mobile phone number)
1. Name of corporation
2. Name of person in charge
3. Contact information of the person in charge
4. Contact person's e-mail address (or mobile phone number)
6. Business Registration Number
7. Name of Representative
8. Address of the workplace
9. Type of business
10. Business Events
11. Contact information
12. E-mail address for receiving tax invoices
13. Business Registration Certificate
14. Desired ID (for members)
15. Password (for members)
When "Mall" collects information on individuals, corporations, or other organizations that can identify users personally, the consent of the user must be obtained.
The provided personal information cannot be used for any purpose or provided to a third party without the consent of the user, and all responsibility for this is taken. However, exceptions are made in the following cases.
1. When it’s necessary to inform the delivery company of the minimum user information required for delivery (name, address, phone number).
2. In the case that a particular individual, corporation, or other organization is provided in an unidentifiable form as necessary for statistical preparation, academic research, or market research.
3. When necessary for settlement of the amount of money for transactions such as goods, etc.
4. When it is necessary for identification in order to prevent theft
5. In the case that there are unavoidable reasons necessary by law or by law.
If "mall" requires the user's consent pursuant to paragraphs 2 and 3, the personal information management manager's identity (affiliation, name and phone number, other contact information), purpose of collection and use of information, and information provision (the recipient, purpose of provision, and content of information to be provided) to third parties must be specified or notified, and users can withdraw this consent at any time.
Users can always request access to, and correction of their personal and corporate information held by "Mall", and "Mall" is obligated to take necessary measures without delay. If the user requests correction of the error, "mall" will not use the personal or corporate information until the error is corrected.
"Mall" minimizes the number of managers to protect information from individuals, corporations, and other organizations, and is responsible for damages such as loss, theft, leakage, and alteration caused by intentional or negligence of “Mall” of personal and corporate information, including credit cards and bank accounts.
“Mall” or a third party who has received personal, corporate, or other organization information therefrom shall destroy the personal, corporate information without delay when the purpose of collecting or receiving it is achieved.
[Article 18: Obligation of “Mall”]
"Mall" shall not engage in acts prohibited by laws and regulations or contrary to public order, and shall do its best to provide goods and services continuously and stably as prescribed by these terms and conditions.
"Mall" should have a security system to protect users' information (including credit information) so that users can safely use Internet services.
In the case that "mall" damages a user by performing unfair labeling and advertising activities prescribed in Article 3 of the Fair Labeling and Advertising Act on goods or services, the mall is responsible for the compensation.
“Mall” does not send advertising e-mails for commercial purposes that users do not want.
[Article 19: Obligations for Members' IDs and Passwords]
Except in the case of Article 17, the member is responsible for managing the ID and password.
Members should not allow third parties to use their IDs and passwords.
If a member recognizes that his or her ID and password have been stolen or used by a third party, he or she should immediately notify the mall and follow the instructions provided by the mall.
[Article 20: User's Duty]
Users are not allowed to:
1. Registration of false information upon application or change
2. Stealing information from others
3. Change of information posted on "mall"
4. Transmission or publication of information other than information specified by "mall" (computer programs, etc.)
5. Infringement of intellectual property rights such as "mall" and other copyrights by third parties
6. "Mall" or other acts that damage the reputation of a third party or interfere with business.
7. Disclosure or publication of obscene or violent messages, images, voices, and other information contrary to public order in the mall.
[Article 21: Relationship between Connecting "Mall" and Connected "Mall"]
When the top “mall” and bottom ”mall” are linked by hyperlinks (e.g., letters, characters, pictures, etc.), the former is called connecting “mall” and the latter is called connected “mall” (website).
Connecting "Mall" shall not be liable for transactions made with users by the goods provided independently by the connected "Mall" if it is specified as the initial screen of the connecting "Mall" or the pop-up screen at the time of it.
[Article 22: Restriction of the Attribution and Use of Copyright]
Copyright and other intellectual property rights to works created by "Mall" belong to "Mall".
The user shall not reproduce, transmit, publish, distribute, broadcast, or otherwise use the information attributable to the intellectual property rights to the mall among the information obtained through the use of the mall to a third party without prior consent from the mall.
"Mall" shall notify the relevant user when using copyright attributed to the user pursuant to the terms and conditions.
[Article 23: Dispute Resolution]
"Mall" establishes and operates a damage compensation treatment body to reflect legitimate opinions or complaints raised by users and to compensate for the damage.
In "Mall", complaints and opinions submitted by users are handled first. However, if it is difficult to process quickly, “Mall” will notify the user of the reason and the processing schedule immediately.
If there is an application for damage relief from the user in connection with the e-commerce dispute between the mall" and a user, it may be subject to mediation by the Fair-Trade Commission or the dispute mediation agency requested by the Mayor/Do Governor.
[Article 24: Jurisdiction and Applicable Laws]
The lawsuit regarding the e-commerce dispute between the "mall" and the user shall be based on the user's address at the time of filing the lawsuit, and if there is no address, it will be under the exclusive jurisdiction of the district court in charge of the residence. However, at the time of filing, the address or residence of the user is not clear, or in the case of foreign residents, it is filed with the competent court under the Civil Procedure Act.
Korean law applies to e-commerce lawsuits filed between "mall" and users.
Supplementary Provisions (Enforcement Date) These terms and conditions will take effect from March 27, 2020.