Article 1 (Purpose)
This agreement is intended to regulate the rights, duties, and responsibilities of the Cyber Mall (hereinafter referred to as the "Mall") operated by the company SEOKCHAN (e-commerce operator) in providing internet-related services (hereinafter referred to as the "Service").
*"This agreement also applies to electronic commerce using PC communication, wireless, and other means unless its nature contradicts this agreement."」
Article 2 (Definitions)
① "Mall" refers to a virtual store established by the company using information and communication facilities, such as computers, to trade goods and services (hereinafter referred to as "Goods, etc.") for the purpose of providing them to users. It is also used to refer to the business operator running the cyber mall.
② "User" refers to both members and non-members who connect to the "Mall" and use the services provided by the "Mall" in accordance with this agreement.
③ 'Member' refers to those who have registered with the "Mall" as users and can continuously use the services provided by the "Mall.
④ 'Non-member' refers to those who use the services provided by the "Mall" without registering as a member.
① The "Mall" shall post the contents of this agreement, including its business name and the name of its representative, address of its business location (including the address where consumer complaints can be handled), telephone number, facsimile number, email address, business registration number, electronic financial transactions registration number, personal information manager, etc., on the initial service screen (front) of www.eccentric.kr so that users can easily find them. However, the contents of the agreement can also be made accessible to users through a linked screen.
② Before users agree to the agreement, the "Mall" must provide a separate connection screen or popup screen, etc., to enable users to confirm important contents such as withdrawal of subscription, delivery responsibilities, and refund conditions, among other things specified in the agreement, to ensure that users can understand them.
③ The "Mall" may amend this agreement within the scope that does not violate relevant laws such as the Electronic Commerce Consumer Protection Act, the Act on the Regulation of Terms and Conditions, the Electronic Documents and Electronic Transactions Basic Act, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc., and the Act on Door-to-Door Sales, and the Consumer Basic Act.
④ When the "Mall" amends the agreement, it shall give notice of the effective date and the reason for the amendment, along with the existing agreement, from 7 days prior to the effective date to the day before the effective date, on the initial screen of the "Mall." However, in cases where the amendment is disadvantageous to users, the "Mall" shall give notice with a prior waiting period of at least 30 days. In this case, the "Mall" clearly displays the content of the agreement before and after the amendment, making it easily understandable for users.
⑤ When the "Mall" amends the agreement, the amended agreement applies only to contracts concluded after the effective date, and the terms and conditions of the agreement prior to the amendment apply to contracts already concluded. However, if users who have already concluded a contract wish to apply the amended terms and conditions, they must notify the "Mall" of their intention to do so within the notice period for the amendment specified in Paragraph 3, and they can apply the amended terms and conditions with the "Mall's" consent.
⑥ Matters not specified in this agreement and the interpretation of this agreement shall be governed by the Electronic Commerce Consumer Protection Act, the Act on the Regulation of Terms and Conditions, the Guidelines on Consumer Protection in Electronic Commerce, etc. as prescribed by the Fair Trade Commission, and related laws or commercial practices.
Article 4 (Provision and Modification of Services)
① The "Mall" carries out the following tasks:
1. Providing information on goods or services and concluding purchase agreements.
2. Delivering goods or services for which purchase agreements have been concluded.
3. Other tasks specified by the "Mall."
② In the event of the depletion of goods or a change in technical specifications, the "Mall" may change the contents of goods or services to be provided under future contracts. In this case, the modified contents of goods or services and the delivery date shall be immediately announced where the current contents of goods or services are posted.
③ If the "Mall" changes the contents of the services agreed upon with the user due to reasons such as depletion of goods or changes in technical specifications, the "Mall" shall immediately notify the user at an address where notification is possible.
④ In the case of the preceding paragraph, the "Mall" shall compensate the user for any damages incurred. However, this shall not apply if the "Mall" proves that it is not intentional or negligent.
Article 5 (Suspension of Service)
① The "Mall" may temporarily suspend the provision of services in the event of the need for maintenance, replacement, repair of information and communication equipment such as computers, disruption of communication, etc.
② The "Mall" compensates users or third parties for damages incurred due to the temporary suspension of the provision of services under the circumstances of Paragraph 1. However, this does not apply if the "Mall" proves that there is no intention or negligence.
③ In the event that the provision of services becomes impossible due to reasons such as a change in business type, business abandonment, integration of companies, etc., the "Mall" shall notify users in the manner specified in Article 8 and compensate consumers according to the conditions initially presented by the "Mall." However, in cases where the "Mall" has not announced the compensation standards, etc., users shall be paid in kind or cash in the equivalent value in currency such as mileage or accumulation points applicable in the "Mall."
Article 6 (Membership Registration)
① Users apply for membership registration by filling out membership information according to the form specified by the "Mall" and expressing their consent to this agreement.
② The "Mall" registers users as members, except in the following cases, among users who have applied for membership as stated in Paragraph 1:
1. In cases where the applicant for registration has lost their membership qualification in accordance with Article 7, Paragraph 3 of this agreement, except in cases where they have obtained approval from the "Mall" for re-registration as a member, after three years have passed since the loss of membership qualification in accordance with Article 7, Paragraph 3.
2. In cases where there are false, omitted, or erroneous entries in the registration information.
3. In cases where registration as a member would significantly impede the "Mall's" technical operations.
③ The time of establishment of the membership registration agreement shall be when the "Mall's" approval reaches the user.
④ If there is a change in the information registered at the time of membership registration, the member must inform the "Mall" of the changes through the method of modifying member information, etc., within a reasonable period.
Article 7 (Withdrawal of Membership and Loss of Qualification, etc.)
① Members may request withdrawal from the "Mall" at any time, and the "Mall" will immediately process the withdrawal of membership.
② In the event that members fall under any of the following conditions, the "Mall" may limit or suspend membership qualification:
1. In cases where false information was entered during registration.
2. In cases where members do not make payments on time for the price of goods, etc., purchased using the "Mall" or other obligations that members are responsible for in connection with the use of the "Mall."
3. In cases where members interfere with the use of the "Mall" by others or steal their information, thereby threatening the order of electronic commerce.
4. In cases where members engage in activities prohibited by law or this agreement using the "Mall."
③ After the "Mall" restricts or suspends membership qualification, if the same act is repeated twice or if the reasons for restriction or suspension are not corrected within 30 days, the "Mall" may forfeit membership qualification.
④ In the event that the "Mall" forfeits membership qualification, it shall delete the member's registration. In this case, the "Mall" shall notify the member, provide an opportunity for explanation for at least 30 days before deleting the member's registration, and then delete it.
Article 8 (Notification to Members)
① When the "Mall" notifies members, it may be sent to the email address agreed upon in advance between the "Mall" and the member.
② In the case of notifications to an unspecified number of members, the "Mall" may substitute individual notifications by posting them on the "Mall" bulletin board for at least one week or more. However, individual notifications shall be made regarding matters that significantly affect the member's transactions.
Article 9 (Purchase Application)
① Users of the "Mall" shall make a purchase request through the "Mall" as follows, or by a similar method, and the "Mall" shall provide the following information clearly to the users when making a purchase request:
1. Search and selection of goods
2. Entering the name, address, phone number, email address (or mobile phone number) of the recipient
3. Confirmation of the terms and conditions, services with restricted withdrawal rights, and costs related to delivery and installation
4. Agreement to these terms and conditions and confirmation or refusal of the matters in 3.
5. Purchase request of goods and agreement to "Mall" or its confirmation
6. Selection of payment method
② If the "Mall" needs to provide a user's personal information to a third party in connection with the purchase of goods, consent must be obtained from the user when making an actual purchase request. Consent is not obtained when registering as a member in advance. In this case, the "Mall" must clearly specify the items of personal information to be provided, the recipient, the purpose of providing the information, and the period of retention and use to the user. However, if the subcontracting of personal information processing is required under Article 25, etc., of the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.," then it will be carried out accordingly.
Article 10 (Formation of Contract)
① The "Mall" may not accept the following requests, but in the case of minors entering into contracts, it shall inform the minor of the right to cancel the contract by the legal representative and obtain the consent of the legal representative before entering into the contract, if there is no such consent:
1. In case of false, missing, or incorrect details in the request
2. In case of a minor purchasing goods or services prohibited by the Juvenile Protection Act, such as cigarettes or alcohol
3. In case the request is significantly difficult to fulfill due to the technical specifications of the "Mall"
② The contract shall be deemed to have been formed at the time when the acceptance of the "Mall" reaches the user in the form of a confirmation of receipt under paragraph 1 of Article 12.
③ The acceptance by the "Mall" shall include the following:
*Confirmation of the details of the purchase request, validity of the purchase request, etc.
*Confirmation or notice of the matters in Article 3.
Article 11 (Payment Method)
The methods of payment for goods purchased from the "Mall" are as follows, and the "Mall" shall allow payment using any of the available methods. However, the "Mall" may not charge any additional fees on the goods' payment for any reason.
1. Various bank transfers, such as phone banking, internet banking, and mail banking
2. Various card payments, including prepaid cards, debit cards, and credit cards
3. Payment through electronic money
4. Payment upon receipt
5. Payment via points provided by the "Mall"
6. Payment through gift certificates contracted or approved by the "Mall"
7. Payment using other electronic payment methods
Article 12 (Receipt Confirmation, Change, and Cancellation of Purchase Request)
① The "Mall" shall send a receipt confirmation to the user when there is a purchase request from the user.
② If the user receives the receipt confirmation and finds that there is an inconsistency in the intention of the contract or other information, they can request changes or cancellations of the purchase request immediately after receiving the receipt confirmation. The "Mall" must promptly process the request according to the user's instructions if it is received before the delivery. However, if payment has already been made, it will be subject to the provisions of Article 15.
Article 13 (Supply of Goods)
① The "Mall" shall, unless otherwise agreed with the user, take necessary measures such as ordering, packaging, and other measures for the delivery of goods within 7 days from the date the user made the contract, starting from the day the user made the purchase request. However, if the "Mall" has already received the entire or partial payment for the goods, it shall take necessary measures within 3 business days from the date of receiving the payment. In this case, the "Mall" shall take appropriate measures to enable users to check the supply process and progress.
② The "Mall" shall indicate the delivery method, cost, and delivery period by delivery method when supplying the goods to the user. If the "Mall" exceeds the agreed delivery period, it shall compensate the user for any damages incurred. However, this is not applicable if the "Mall" can prove that there was no intention or negligence.
Article 14 (Refund)
If the "Mall" cannot deliver or provide the goods that the user has applied for due to the goods being out of stock or other reasons, it shall notify the user immediately and, if the user has already paid for the goods, it shall refund the payment within 3 business days from the date of payment or take necessary measures for a refund. However, if it is difficult for the "Mall" to notify the user due to circumstances not attributable to the "Mall," it may take more than 3 business days.
Article 15 (Withdrawal of Offer, etc.)
① Users who have entered into a contract with the "Mall" for the purchase of goods may cancel the contract within 7 days from the date when they received the written content of the contract, provided that no other provisions are established under Article 13, paragraph 2 of the "Act on Consumer Protection in Electronic Commerce, etc." However, if there are other provisions under the Act, those provisions shall apply.
② In the case of receiving goods and services, the user may not return or exchange the goods in the following cases:
1. When the goods have been lost or damaged due to the user's responsibility (except when the packaging is damaged to check the contents of the goods).
2. When the value of the goods has significantly decreased due to the user's use or partial consumption.
3. When the value of the goods has significantly decreased to the extent that it is difficult to resell them due to the passage of time.
4. When the original goods can be copied to reproduce goods that have the same performance, and the packaging of the original goods is damaged.
③ In cases of 2 to 4 of the preceding paragraph, the user's right to cancel the contract is not restricted if the "Mall" has not taken measures such as posting to make it easy for the user to know in advance that the right to cancel the contract is restricted.
④ If the contents of the goods are different from the advertised contents or the contents of the contract and the user cancels the contract within 3 months from the date of receiving the goods or within 30 days from the date they knew or should have known of such facts, the user may cancel the contract.
Article 16 (Effects of Withdrawal, etc.)
① When the "Mall" receives the returned goods from the user, it shall refund the price of the goods received within 3 business days. In this case, if the "Mall" delays the refund to the user, it shall pay the user a delay interest calculated by multiplying the delay interest rate specified in Article 21-2 of the Enforcement Decree of the "Act on Consumer Protection in Electronic Commerce, etc."
② When the user has paid for the goods with a credit card or electronic money, etc., the "Mall" shall immediately request the business operator who provided the payment method to suspend or cancel the claim for the price of the goods.
③ In cases of cancellation of the offer, etc., the cost of returning the received goods shall be borne by the user. The "Mall" shall not charge a penalty or claim compensation for damages for the withdrawal. However, in the event of the user canceling the contract due to discrepancies between the content of the goods and the advertised content or the contract content, the "Mall" shall bear the cost of returning the goods.
④ In cases where the user bears the cost of shipping when receiving the goods, the "Mall" shall clearly indicate who is responsible for the cost when canceling the offer.
Article 17 (Protection of Personal Information)
① When collecting personal information from users, the "Mall" shall collect the minimum necessary personal information required for providing services.
② The "Mall" shall not collect the minimum necessary specific personal information for user registration in advance before entering into a purchase contract. However, when personal identification is required before the purchase contract is entered into to comply with legal obligations, it is not subject to the above.
③ When collecting and using personal information of the user, the "Mall" shall notify the user of the purpose in advance and obtain consent.
④ The "Mall" shall not use collected personal information for any purpose other than the intended purpose and, if the purpose changes or if it is provided to a third party, it shall notify and obtain consent from the user at the stage of use and provision. However, this is not applicable in cases where there are other provisions under the law.
⑤ When the "Mall" requires consent from the user as per paragraphs 2 and 3, it shall clearly specify the identity of the person responsible for protecting personal information (affiliation, name and telephone number, and other contact information), the purpose of collecting and using personal information, the purpose of providing personal information to third parties, and other matters specified in Article 22, paragraph 2 of the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc." in advance and allow the user to withdraw consent at any time.
⑥ The user may request to view and correct their personal information held by the "Mall" at any time, and the "Mall" shall take necessary actions without delay until it corrects the error when the user requests correction. If the user requests correction of the error, the "Mall" shall not use the personal information until the error is corrected.
⑦ The "Mall" shall limit the processing of personal information to the minimum required to protect personal information, and shall bear all responsibility for any damage to the user caused by the loss, theft, leakage, provision to a third party without consent, tampering, etc., of personal information, including credit card and bank account information.
⑧ The "Mall" or a third party who has received the user's personal information shall destroy the user's personal information without delay when the purpose of collecting and using personal information is achieved.
⑨ The "Mall" shall not pre-set the user's consent when it comes to collecting, using, or providing personal information. Additionally, the "Mall" shall not limit or refuse the provision of services for the reason that the user refuses the collection, use, and provision of personal information that is not a required item.
Article 18 (Duties of the "Mall")
① The "Mall" shall make its best efforts to provide goods and services continuously and stably in compliance with the law and this Agreement and not to engage in any actions that are prohibited by the law or contrary to public order and good customs.
② The "Mall" shall establish a security system to protect personal information (including credit information) so that users can use the Internet service safely.
③ The "Mall" shall be liable for damages caused by the user due to the "Mall" performing unfair advertisement or advertising conduct prohibited under Article 3 of the "Act on Fair Labeling and Advertising."
④ The "Mall" shall not send unsolicited commercial emails for profit purposes.
Article 19 (User's Obligations for ID and Password)
① The management responsibility of the ID and password, except for Article 17, is on the user.
② The user shall not allow a third party to use their ID and password.
③ If the user finds out that their ID and password have been stolen or are being used by a third party, they must immediately notify the "Mall" and follow the instructions of the "Mall" if there are any.
Article 20 (User's Obligations)
Users are prohibited from engaging in the following actions:
1. Registering false information when applying or modifying information.
2. Impersonating others.
3. Modifying information posted on the "Mall" beyond what is specified by the "Mall."
4. Transmitting or posting information other than what is specified by the "Mall," such as computer programs.
5. Infringing on copyrights and other intellectual property rights of the "Mall" or third parties.
6. Damaging the reputation of the "Mall" or interfering with its operations.
7. Publicly disclosing or posting obscene or violent messages, images, audio, or any other information that goes against public morals on the "Mall."
Article 21 (Relationship between Linked "Mall" and Linking "Mall")
① When the upper "Mall" and the lower "Mall" are connected through methods such as hyperlinks (e.g., the target of hyperlinks may include text, images, and multimedia), the upper one is referred to as the linking "Mall" (website), and the lower one is referred to as the linked "Mall" (website).
② If the linking "Mall" has clearly stated on its initial page or through a pop-up screen at the time of linking that it does not guarantee responsibility for transactions conducted between users and products or services provided independently by the linked "Mall," the linking "Mall" is not responsible for such transactions.
Article 22 (Ownership of Copyright and Usage Restrictions)
① The copyrights and other intellectual property rights of the materials created by the "Mall" belong to the "Mall."
② Users are not allowed to reproduce, transmit, publish, distribute, broadcast, or otherwise profitably use information obtained through the "Mall" for which the intellectual property rights belong to the "Mall" without the prior consent of the "Mall."
③ If the "Mall" uses copyrighted materials owned by users according to an agreement, it must notify the users.
Article 23 (Dispute Resolution)
① The "Mall" establishes and operates a dispute resolution body to reflect and compensate for the legitimate opinions or complaints raised by users and to resolve their grievances.
② The "Mall" will primarily handle complaints and opinions submitted by users. However, if prompt resolution is difficult, the reasons and schedule for handling the matter will be immediately communicated to the user.
③ In the event of an e-commerce dispute arising between the "Mall" and a user, the user can request compensation for damages. Disputes may be resolved through mediation by a dispute resolution agency commissioned by the Fair Trade Commission or the Mayor/Do governor.
Article 24 (Jurisdiction and Governing Law)
① In case of litigation related to e-commerce disputes between the "Mall" and users, the jurisdiction is determined according to the user's address at the time of filing. In the absence of an address, it shall be subject to the exclusive jurisdiction of the local court with jurisdiction over the user's place of residence. However, in the case where the user's address or place of residence is unclear or for foreign residents, it shall be filed with the competent court under the Civil Procedure Act.
② E-commerce lawsuits filed between the "Mall" and users shall be governed by Korean law.