Terms & Conditions

Article 1 (Purpose)

These Terms and Conditions aim to define the rights, obligations, and responsibilities of the cyber mall and users in relation to the use of internet-related services (hereinafter referred to as “Services”) provided by the K-MART cyber mall (hereinafter referred to as “Mall”) operated by K-MART (e-commerce business operator).

Article 2 (Definitions)

  1. “Mall” refers to a virtual business place established by K-MART using information and communication facilities such as computers to enable users to trade goods or services (hereinafter referred to as “Goods, etc.”). It also refers to the business operator running the cyber mall.
  2. “User” refers to both members and non-members who access the “Mall” and receive services provided by the “Mall” in accordance with these Terms and Conditions.
  3. “Member” refers to a person who has registered as a member with the “Mall” and is entitled to continuously use the services provided by the “Mall”.
  4. “Non-member” refers to a person who uses the services provided by the “Mall” without registering as a member.

Article 3 (Disclosure, Explanation, and Amendment of Terms and Conditions)

  1. The “Mall” shall post the contents of these Terms and Conditions, along with the company name, representative’s name, business address (including the address where consumer complaints can be handled), telephone number, fax number, email address, business registration number, mail-order sales registration number, and personal information manager on the initial service screen (front page) so that users can easily access them. However, the contents of the Terms and Conditions may be made available to users through a linked screen.
  2. Before users agree to the Terms and Conditions, the “Mall” shall provide a separate linked screen or pop-up screen to ensure that users understand important contents stipulated in the Terms and Conditions, such as withdrawal of subscription, delivery responsibility, and refund conditions, and obtain users’ confirmation.
  3. The “Mall” may amend these Terms and Conditions  the extent that they do not violate relevant laws, including the “Act on Consumer Protection in Electronic Commerce, etc.”, “Act on the Regulation of Terms and Conditions”, “Framework Act on Electronic Documents and Transactions”, “Electronic Financial Transactions Act”, “Digital Signature Act”, “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.”, “Door-to-Door Sales, etc. Act”, and “Framework Act on Consumers”.
  4. When the “Mall” amends the Terms and Conditions, it shall specify the effective date and reasons for amendment and announce them on the initial screen of the Mall together with the current Terms and Conditions from 7 days before the effective date until the day before the effective date. However, in case of changes unfavorable to users, the “Mall” shall provide advance notice with a grace period of at least 30 days. In this case, the “Mall” shall clearly compare the contents before and after the amendment so that users can easily understand them.
  5. When the “Mall” amends the Terms and Conditions, the amended Terms and Conditions shall apply only to contracts concluded after the effective date, and the Terms and Conditions before the amendment shall continue to apply to contracts already concluded. However, if a user who has already concluded a contract wishes to be subject to the amended Terms and Conditions and sends such intention to the “Mall” within the notice period of the amended Terms and Conditions as stipulated in Paragraph 3 and obtains the consent of the “Mall”, the amended Terms and Conditions shall apply.
  6. Matters not stipulated in these Terms and Conditions and interpretation of these Terms and Conditions shall be governed by the Act on Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Consumer Protection Guidelines in Electronic Commerce, etc. established by the Fair Trade Commission, and relevant laws or commercial practices.

Article 4 (Provision and Change of Services)

  1. The “Mall” performs the following tasks:
    • Provision of information on goods or services and conclusion of purchase contracts
    • Delivery of goods or services for which purchase contracts have been concluded
    • Other tasks determined by the “Mall”
  2. In case of out-of-stock goods or services or changes in technical specifications, the “Mall” may change the contents of goods or services to be provided under contracts to be concluded in the future. In this case, the “Mall” shall immediately announce the changed contents of goods or services and the date of provision at the place where the current contents of goods or services are posted.
  3. If the “Mall” changes the contents of services contracted with users due to reasons such as out-of-stock goods or changes in technical specifications, the “Mall” shall immediately notify the user of the reasons at an address where notification is possible.
  4. In the case of the preceding paragraph, the “Mall” shall compensate users for damages incurred thereby. However, this shall not apply if the “Mall” proves that there was no intention or negligence.

Article 5 (Suspension of Services)

  1. The “Mall” may temporarily suspend the provision of services in case of reasons such as maintenance, inspection, replacement and failure of information and communication facilities such as computers, or interruption of communications.
  2. The “Mall” shall compensate for damages incurred by users or third parties due to the temporary suspension of service provision for the reasons set forth in Paragraph 1. However, this shall not apply if the “Mall” proves that there was no intention or negligence.
  3. If services cannot be provided due to reasons such as business conversion, abandonment of business, or merger between companies, the “Mall” shall notify users in the manner prescribed in Article 8 and compensate consumers according to the conditions originally presented by the “Mall”. However, if the “Mall” has not announced compensation standards, etc., the “Mall” shall pay users’ mileage or reserves, etc. to users in kind or cash equivalent to the currency value used in the “Mall”.

Article 6 (Membership Registration)

  1. Users shall apply for membership registration by filling in member information according to the registration form prescribed by the “Mall” and expressing their intention to agree to these Terms and Conditions.
  2. The “Mall” shall register as members those users who have applied for membership registration as set forth in Paragraph 1, unless they fall under any of the following:
    • If the applicant has previously lost membership qualification pursuant to Article 7, Paragraph 3 of these Terms and Conditions; provided, however, that this shall not apply to those who have obtained the “Mall’s” consent for re-registration as members after 3 years have elapsed since the loss of membership qualification pursuant to Article 7, Paragraph 
    • If there is any false information, omission, or error in the registration details
    • If it is deemed that registering as a member would cause significant technical difficulties for the “Mall”
  3. The membership registration contract shall be deemed established at the time when the “Mall’s” acceptance reaches the member.
  4. If there is any change in the matters registered at the time of membership registration, members shall notify the “Mall” of such changes within a reasonable period by means such as modifying member information.

Article 7 (Membership Withdrawal and Loss of Qualification, etc.)

  1. Members may request withdrawal from the “Mall” at any time, and the “Mall” shall immediately process the membership withdrawal.
  2. If a member falls under any of the following reasons, the “Mall” may restrict or suspend membership qualification:
    • If false information was registered at the time of membership application
      If the member fails to pay by the due date the price of goods, etc. purchased using the “Mall” or other debts borne by the member in relation to the use of the “Mall”
    • If the member threatens the order of electronic commerce, such as interfering with others’ use of the “Mall” or stealing their information
    • If the member uses the “Mall” to engage in acts prohibited by laws or these Terms and Conditions or contrary to public order and morals
  3. If the same act is repeated two or more times or the reason is not corrected within 30 days after the “Mall” restricts or suspends membership qualification, the “Mall” may revoke the membership qualification.
  4. When the “Mall” revokes membership qualification, it shall delete the membership registration. In this case, the “Mall” shall notify the member and provide an opportunity for explanation by setting a period of at least 30 days before deleting the membership registration.

Article 8 (Notice to Members)

  1. When the “Mall” gives notice to members, it may do so to the email address designated by the member in advance through agreement with the “Mall”.
  2. In the case of notice to an unspecified number of members, the “Mall” may substitute individual notice by posting on the “Mall” bulletin board for at least one week. However, individual notice shall be given for matters that have a significant impact on the member’s own transactions.

Article 9 (Purchase Application and Consent to Provision of Personal Information, etc.)

  1. Users of the “Mall” shall apply for purchase on the “Mall” by the following or similar methods, and the “Mall” shall provide the following information in an easily understandable manner when users make a purchase application:
    • Search and selection of goods, etc.
    • Entry of recipient’s name, address, telephone number, email address (or mobile phone number), etc.
    • Confirmation of the contents of the Terms and Conditions, services for which the right of withdrawal is restricted, and matters related to cost burdens such as delivery charges and installation fees
    • Indication of agreeing to these Terms and Conditions and confirming or rejecting the matters in Item 3 above (e.g., mouse click)
    • Purchase application for goods, etc. and confirmation thereof or consent to the “Mall’s” confirmation
    • Selection of payment method
  2. When the “Mall” needs to provide purchaser’s personal information to a third party, it shall inform the purchaser of 1) the recipient of personal information, 2) the purpose of use of personal information by the recipient, 3) the items of personal information to be provided, and 4) the period of retention and use of personal information by the recipient, and obtain consent. (The same applies when matters for which consent has been obtained are changed.)
  3. When the “Mall” entrusts a third party with handling the purchaser’s personal information, it shall inform the purchaser of 1) the person entrusted with handling personal information and 2) the contents of the work entrusted with handling personal information, and obtain consent. (The same applies when matters for which consent has been obtained are changed.) However, if it is necessary for the performance of a contract related to service provision and is related to the convenience of the purchaser, notification and consent procedures may be omitted by providing notice through the personal information handling policy in the manner prescribed by the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.”

Article 10 (Formation of Contract)

  1. The “Mall” may not accept a purchase application as set forth in Article 9 if it falls under any of the following. However, when entering into a contract with a minor, the “Mall” shall notify that the minor or their legal representative may cancel the contract if the consent of the legal representative is not obtained.
    • If there is false information, omission, or error in the application details
    • If a minor purchases goods and services prohibited by the Youth Protection Act, such as cigarettes and alcohol
    • If it is deemed that accepting the purchase application would cause significant technical difficulties for the “Mall”
  2. A contract shall be deemed to have been formed at the time when the “Mall’s” acceptance reaches the user in the form of receipt confirmation notice as set forth in Article 12, Paragraph 1.
  3. The “Mall’s” expression of acceptance shall include information such as confirmation of the user’s purchase application, availability for sale, and correction or cancellation of the purchase application.

Article 11 (Payment Methods)

Payment for goods or services purchased from the “Mall” may be made by any available method among the following. However, the “Mall” shall not collect any additional fees under any name on the price of goods, etc. for the user’s payment method.

  1. Various account transfers such as phone banking, internet banking, and mail banking
  2. Various card payments such as prepaid cards, debit cards, and credit cards
  3. Online non-bankbook deposit
  4. Payment by electronic money
  5. Payment upon receipt
  6. Payment by points such as mileage paid by the “Mall”
  7. Payment by gift certificates contracted with the “Mall” or recognized by the “Mall”
  8. Payment by other electronic payment methods, etc.

Article 12 (Receipt Confirmation Notice, Change and Cancellation of Purchase Application)

  1. The “Mall” shall send a receipt confirmation notice to the user when there is a purchase application from the user.
  2. Users who have received a receipt confirmation notice may request a change or cancellation of the purchase application immediately after receiving the receipt confirmation notice if there is a discrepancy in the expression of intent, etc., and the “Mall” shall process the request without delay if there is a request from the user before delivery. However, if payment has already been made, the provisions regarding withdrawal of subscription, etc. in Article 15 shall apply.

Article 13 (Supply of Goods, etc.)

  1. Unless there is a separate agreement with the user regarding the supply time of goods, etc., the “Mall” shall take necessary measures such as custom manufacturing and packaging so that the goods, etc. can be delivered within 7 days from the date the user places an order. However, if the “Mall” has already received all or part of the payment for the goods, etc., it shall take measures within 3 business days from the date of receiving all or part of the payment. At this time, the “Mall” shall take appropriate measures so that the user can check the supply procedures and progress of the goods, etc.
  2. The “Mall” shall specify the delivery method, the party bearing the delivery cost for each method, and the delivery period for each method for the goods purchased by the user. If the “Mall” exceeds the agreed delivery period, it shall compensate the user for damages caused thereby. However, this shall not apply if the “Mall” proves that there was no intention or negligence.

Article 14 (Refund)

When the “Mall” is unable to deliver or provide the goods, etc. requested for purchase by the user due to reasons such as being out of stock, it shall notify the user of the reason without delay, and if payment for the goods, etc. has been received in advance, it shall refund the payment or take necessary measures for refund within 3 business days from the date of receiving the payment.

Article 15 (Withdrawal of Subscription, etc.)

  1. A user who has entered into a contract with the “Mall” for the purchase of goods, etc. may withdraw the subscription within 7 days from the date of receiving the document regarding the contract contents pursuant to Article 13, Paragraph 2 of the “Act on Consumer Protection in Electronic Commerce, etc.” (if the supply of goods, etc. is made later than when the document is received, it means the date of receiving the goods, etc. or the date when the supply of goods, etc. begins). However, if the “Act on Consumer Protection in Electronic Commerce, etc.” provides otherwise regarding withdrawal of subscription, the provisions of that Act shall apply.
  2. When a user has received delivery of goods, etc., returns and exchanges cannot be made in any of the following cases:
    • If the goods, etc. are lost or damaged due to reasons attributable to the user (however, withdrawal of subscription is possible if the packaging, etc. has been damaged to check the contents of the goods, etc.)
    • If the value of the goods, etc. has significantly decreased due to the user’s use or partial consumption
    • If the value of the goods, etc. has significantly decreased to the extent that resale is difficult due to the passage of time
    • If the packaging of the original goods, etc. has been damaged when reproduction is possible with goods, etc. having the same performance
  3. In the cases of Paragraph 2, Items 2 through 4, if the “Mall” has not taken measures such as clearly stating in a place where consumers can easily know that withdrawal of subscription, etc. is restricted in advance or providing trial products, the user’s withdrawal of subscription, etc. shall not be restricted.
  4. Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the goods, etc. are different from the display or advertisement contents or are performed differently from the contract contents, the user may withdraw the subscription, etc. within 3 months from the date of receiving the goods, etc., or within 30 days from the date when the user knew or could have known such fact.

Article 16 (Effects of Withdrawal of Subscription, etc.)

  1. When the “Mall” receives a return of goods, etc. from the user, it shall refund the payment already received for the goods, etc. within 3 business days. In this case, if the “Mall” delays the refund of the goods, etc. to the user, it shall pay delayed interest calculated by multiplying the delay interest rate prescribed in Article 21-2 of the Enforcement Decree of the “Act on Consumer Protection in Electronic Commerce, etc.” for the delay period.
  2. When refunding the above payment, if the user has paid for the goods, etc. by payment methods such as credit card or electronic money, the “Mall” shall request the business operator that provided the payment method to suspend or cancel the billing for the goods, etc. without delay.
  3. In the case of withdrawal of subscription, etc., the user shall bear the costs necessary for the return of the supplied goods, etc. The “Mall” shall not claim penalties or damages from the user on the grounds of withdrawal of subscription, etc. However, if the contents of the goods, etc. are different from the display or advertisement contents or are performed differently from the contract contents and withdrawal of subscription, etc. is made, the “Mall” shall bear the costs necessary for the return of the goods, etc.
  4. When the user has borne the shipping cost when receiving the goods, etc., the “Mall” shall clearly indicate in an easily understandable manner to the user who bears the cost when withdrawing the subscription.

Article 17 (Protection of Personal Information)

  1. The “Mall” shall collect the minimum personal information necessary for providing services when collecting users’ personal information.
  2. The “Mall” shall not collect information necessary for the performance of purchase contracts in advance at the time of membership registration. However, this shall not apply when the minimum specific personal information is collected for identity verification before a purchase contract in order to fulfill obligations under relevant laws and regulations.
  3. When the “Mall” collects and uses users’ personal information, it shall notify the user of the purpose and obtain consent.
  4. The “Mall” cannot use the collected personal information for purposes other than the intended purpose, and when a new purpose of use arises or when providing to a third party, it shall notify the user of the purpose and obtain consent at the stage of use or provision. However, exceptions shall be made if otherwise provided by relevant laws and regulations.
  5. When the “Mall” must obtain the user’s consent pursuant to Paragraphs 2 and 3, it shall specify or notify in advance the matters prescribed in Article 22, Paragraph 2 of the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.”, such as the identity of the personal information manager (affiliation, name and telephone number, and other contact information), purpose of information collection and use, matters related to provision of information to third parties (recipient, purpose of provision, and contents of information to be provided), and the user may withdraw this consent at any time.
  6. Users may request access to and correction of errors in their personal information held by the “Mall” at any time, and the “Mall” shall be obligated to take necessary measures without delay. When a user requests correction of an error, the “Mall” shall not use the personal information until the error is corrected.
  7. The “Mall” shall minimize the number of persons handling users’ personal information for the protection of personal information and shall bear all responsibility for damages to users caused by loss, theft, leakage, provision to third parties without consent, alteration, etc. of users’ personal information including credit cards and bank accounts.
  8. The “Mall” or a third party that has received personal information from it shall destroy the personal information without delay when the purpose of collecting or receiving personal information has been achieved.
  9. The “Mall” shall not preset the consent field for the collection, use, and provision of personal information as pre-selected. In addition, it shall specifically specify the services that will be restricted when the user refuses consent for the collection, use, and provision of personal information, and shall not restrict or refuse to provide services such as membership registration on the grounds of the user’s refusal of consent for the collection, use, and provision of personal information that is not a mandatory collection item.

Article 18 (Obligations of the “Mall”)

  1. The “Mall” shall not engage in acts prohibited by laws and regulations or this agreement or acts contrary to public order and morals, and shall do its best to provide goods and services continuously and stably in accordance with the provisions of this agreement.
  2. The “Mall” shall have a security system in place to protect users’ personal information (including credit information) so that users can use Internet services safely.
  3. If the “Mall” causes damage to users by engaging in unfair display or advertising acts as prescribed in Article 3 of the “Act on Fair Labeling and Advertising” for goods or services, it shall be liable to compensate for such damage.
  4. The “Mall” shall not send commercial advertising emails for profit purposes that users do not want.

Article 19 (Obligations Regarding Members’ ID and Password)

  1. Except for the cases under Article 17, the responsibility for managing ID and password lies with the member.
  2. Members shall not allow third parties to use their ID and password.
  3. If a member’s ID and password are stolen or if the member becomes aware that a third party is using them, the member shall immediately notify the “Mall” and shall follow the “Mall’s” guidance if provided.

Article 20 (Obligations of Users)

Users shall not engage in the following acts:

  1. Registering false information when applying or making changes
  2. Stealing others’ information
  3. Altering information posted on the “Mall”
  4. Transmitting or posting information other than information designated by the “Mall” (such as computer programs, etc.)
  5. Infringing on intellectual property rights such as copyrights of the “Mall” or other third parties
  6. Acts that damage the reputation of the “Mall” or other third parties or interfere with their business
  7. Disclosing or posting obscene or violent messages, images, voices, or other information contrary to public order and morals on the Mall

Article 21 (Relationship between Linking “Mall” and Linked “Mall”)

  1. When a higher-level “Mall” and a lower-level “Mall” are connected by hyperlink (e.g., the target of a hyperlink includes text, pictures, videos, etc.), the former is called the linking “Mall” (website) and the latter is called the linked “Mall” (website).
  2. The linking “Mall” shall not bear guarantee liability for transactions conducted between users and the linked “Mall” through goods, etc. independently provided by the linked “Mall” if it clearly states on the initial screen of the linking “Mall” or on a pop-up screen at the time of connection that it does not bear guarantee liability for such transactions.

Article 22 (Attribution and Restrictions on Use of Copyrights)

  1. Copyrights and other intellectual property rights for works created by the “Mall” belong to the “Mall”.
  2. Users shall not use information obtained through the use of the “Mall” for which intellectual property rights belong to the “Mall” for commercial purposes or allow third parties to use it by reproduction, transmission, publication, distribution, broadcasting, or other methods without prior consent from the “Mall”.
  3. When the “Mall” uses copyrights attributed to users according to an agreement, it shall notify the relevant user.

Article 23 (Dispute Resolution)

  1. The “Mall” shall establish and operate a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and to process compensation for such damages.
  2. The “Mall” shall prioritize the processing of complaints and opinions submitted by users. However, if prompt processing is difficult, the “Mall” shall immediately notify the user of the reason and the processing schedule.
  3. In the event of a user’s application for damage relief related to e-commerce disputes arising between the “Mall” and users, the matter may be subject to mediation by a dispute mediation organization commissioned by the Fair Trade Commission or the Mayor/Provincial Governor.

Article 24 (Jurisdiction and Governing Law)

  1. Lawsuits regarding e-commerce disputes arising between the “Mall” and users shall be under the exclusive jurisdiction of the district court having jurisdiction over the user’s address at the time of filing, or if there is no address, the user’s residence. However, if the user’s address or residence is unclear at the time of filing or in the case of foreign residents, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
  2. Korean law shall apply to e-commerce lawsuits filed between the “Mall” and users.