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Article 1 (Purpose)
Standard Terms and Conditions No. 10023
These Terms and Conditions are intended to define the rights, obligations, and responsibilities between the cyber mall and users in relation to the use of internet-related services (hereinafter referred to as the “Services”) provided by the CU Skin Cyber Mall (hereinafter referred to as the “Mall”), operated by CUSKIN Co., Ltd. (an electronic commerce business operator).
※ These Terms and Conditions shall also apply mutatis mutandis to electronic commerce conducted through PC communications, etc., insofar as they do not conflict with the nature of such transactions.
Article 2 (Definitions)
① The term “Mall” refers to a virtual place of business established by CUSKIN Co., Ltd. using information and communication facilities such as computers in order to provide goods or services to users and enable transactions of such goods or services, and also refers to the business operator operating the cyber mall.
② The term “User” refers to members and non-members who access the Mall and receive services provided by the Mall in accordance with these Terms and Conditions.
③ The term “Member” refers to a person who has registered as a member by providing personal information to the Mall and who continuously receives information from the Mall and may continuously use the services provided by the Mall.
④ The term “Non-member” refers to a person who uses the services provided by the Mall without registering as a member.
Article 3 (Display, Explanation, and Revision of Terms and Conditions)
① The Mall shall display the contents of these Terms and Conditions, the company name, representative’s name, business address (including the address for handling consumer complaints), telephone number, facsimile number, email address, business registration number, mail-order business registration number, and personal information protection manager on the initial service screen (front page) of the Mall in a manner that is easily accessible to users. However, the contents of the Terms and Conditions may be made available through a linked screen.
② Before users agree to these Terms and Conditions, the Mall shall provide a separate linked screen or pop-up window for important matters such as withdrawal of subscription, delivery responsibility, refund conditions, and similar matters so that users can fully understand them and confirm their understanding.
③ The Mall may revise these Terms and Conditions to the extent that such revisions do not violate applicable laws, including the Act on Consumer Protection in Electronic Commerce, the Regulation of Terms and Conditions Act, the Framework Act on Electronic Commerce, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, and the Consumer Protection Act.
④ When revising these Terms and Conditions, the Mall shall specify the effective date and reason for revision and announce them together with the current Terms and Conditions on the initial screen of the Mall from at least 7 days before the effective date until the day immediately preceding the effective date.
However, if the revision is unfavorable to users, the Mall shall provide a prior grace period of at least 30 days. In such cases, the Mall shall clearly compare the contents before and after the revision so that users can easily understand the changes.
⑤ Revised Terms and Conditions shall apply only to contracts concluded after the effective date of the revision, and contracts already concluded before the revision shall remain subject to the previous Terms and Conditions. However, if a user who has already entered into a contract expresses the intention to be subject to the revised Terms and Conditions during the notice period under Paragraph 3 and obtains the consent of the Mall, the revised Terms and Conditions shall apply.
⑥ Matters not specified in these Terms and Conditions and the interpretation thereof shall be governed by the Act on Consumer Protection in Electronic Commerce, the Regulation of Terms and Conditions Act, the Consumer Protection Guidelines for Electronic Commerce established by the Fair Trade Commission, and other related laws or commercial practices.
Article 4 (Provision and Modification 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 cases where goods or services are sold out or technical specifications are changed, the “Mall” may change the contents of goods or services to be provided under future contracts. In such cases, the “Mall” shall immediately announce the changed contents and date of provision at the place where the current goods or services are posted.
③ If the “Mall” changes the contents of services contracted with users due to reasons such as sold-out goods or changes in technical specifications, the “Mall” shall immediately notify users at the address available for notification.
④ In the case of the preceding paragraph, the “Mall” shall compensate users for damages incurred as a result thereof. However, this shall not apply if the “Mall” proves that there was no intentional misconduct or negligence.
Article 5 (Suspension of Services)
① The “Mall” may temporarily suspend the provision of services in cases of maintenance, inspection, replacement, or breakdown of information and communication facilities such as computers, or interruption of communication.
② The “Mall” shall compensate users or third parties for damages caused by temporary suspension of services due to the reasons stated in Paragraph 1. However, this shall not apply if the “Mall” proves that there was no intentional misconduct or negligence.
③ If the “Mall” becomes unable to provide services due to business conversion, business discontinuation, merger between companies, or other reasons, 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, the “Mall” shall compensate users by providing cash or goods equivalent to the value of mileage points or reserves commonly used in the “Mall.”
Article 6 (Membership Registration)
① Users may apply for membership by filling out the membership registration form designated by the “Mall” and expressing their agreement to these Terms and Conditions.
② The “Mall” shall register applicants as members unless they fall under any of the following cases:
The applicant has previously lost membership qualification pursuant to Article 7 Paragraph 3 of these Terms and Conditions, except where three years have passed since such loss of qualification and the applicant has obtained approval for re-registration from the “Mall”
There are false statements, omissions, or errors in the registration details
It is determined that registering the applicant as a member would significantly interfere with the technical operation of the “Mall”
③ The membership registration agreement shall be deemed established at the time the “Mall’s” approval reaches the member.
④ If there are changes to the registered information pursuant to Article 15 Paragraph 1, members shall immediately notify the “Mall” of such changes via email or other methods.
Article 7 (Membership Withdrawal and Loss of Qualification)
① Members may request withdrawal from the “Mall” at any time, and the “Mall” shall process the withdrawal immediately.
② The “Mall” may restrict or suspend membership qualification if a member falls under any of the following cases:
Registering false information when applying for membership
Failing to pay debts related to the use of the “Mall,” including payment for goods purchased through the “Mall,” by the due date
Interfering with another person’s use of the “Mall” or misappropriating their information, thereby threatening the order of electronic commerce
Using the “Mall” to engage in acts prohibited by law or these Terms and Conditions, or acts contrary to public order and morals
③ If the same act is repeated two or more times after membership qualification has been restricted or suspended, or if the cause is not corrected within 30 days, the “Mall” may revoke membership qualification.
④ If the “Mall” revokes membership qualification, the membership registration shall be canceled. In such cases, the member shall be notified and given at least 30 days to provide an explanation before the registration is canceled.
Article 8 (Notification to Members)
① When the “Mall” provides notice to members, it may do so through the email address designated in advance by the member in agreement with the “Mall.”
② In the case of notices to an unspecified number of members, the “Mall” may substitute individual notice by posting the notice on the “Mall” bulletin board for at least one week. However, matters that significantly affect an individual member’s transactions shall be individually notified.
Article 9 (Purchase Application)
Users of the “Mall” may apply for purchases on the “Mall” through the following or similar methods, and the “Mall” shall provide the following information in an easily understandable manner when users apply for purchases. However, for members, the application of Items 2 through 4 may be omitted.
Search and selection of goods, etc.
Input of name, address, telephone number, email address (or mobile phone number), etc.
Confirmation of matters related to the Terms and Conditions, services with limited right of withdrawal, delivery fees, installation costs, and other expenses
Indication of agreement to these Terms and Conditions and confirmation or refusal of the matters in Item 3 (e.g., mouse click)
Purchase application for goods, etc. and confirmation thereof or consent to the “Mall’s” confirmation
Selection of payment method
Article 10 (Formation of Contract)
① The “Mall” may refuse acceptance of a purchase application under Article 9 if any of the following applies. However, when concluding a contract with a minor, the “Mall” shall notify that the minor or the legal representative may cancel the contract if consent from the legal representative is not obtained.
False statements, omissions, or errors exist in the application details
A minor attempts to purchase goods or services prohibited under the Juvenile Protection Act, such as tobacco or alcohol
It is determined that accepting the purchase application would significantly interfere with the technical operation of the “Mall”
② A contract shall be deemed concluded at the time the “Mall’s” acceptance reaches the user in the form of a receipt confirmation notice under Article 12 Paragraph 1.
③ The “Mall’s” expression of acceptance shall include information regarding confirmation of the user’s purchase application, availability of sale, and correction or cancellation of the purchase application.
Article 11 (Methods of Payment)
Payment for goods or services purchased from the “Mall” may be made by any of the following available methods. However, the “Mall” shall not impose any additional fees on users in connection with their chosen payment method.
Various account transfer methods such as phone banking, internet banking, and mail banking
Card payments using prepaid cards, debit cards, credit cards, etc.
Online bank transfer without a bankbook
Payment by electronic currency
Payment upon receipt
Payment using points or mileage provided by the “Mall”
Payment using gift certificates contracted with or recognized by the “Mall”
Other electronic payment methods
Article 12 (Acknowledgment of Receipt, Modification, and Cancellation of Purchase Application)
① When a user submits a purchase application, the “Mall” shall send the user an acknowledgment of receipt.
② A user who has received the acknowledgment of receipt may request modification or cancellation of the purchase application immediately after receiving the acknowledgment if there is any discrepancy in the expression of intent. If the user makes such a request before shipment, the “Mall” shall process the request without delay. However, if payment has already been made, the provisions regarding withdrawal of subscription under Article 15 shall apply.
Article 13 (Supply of Goods, etc.)
① Unless otherwise agreed upon regarding the timing of supply, the “Mall” shall take necessary measures such as manufacturing and packaging so that goods, etc. can be delivered within seven days from the date the user places the order. However, if the “Mall” has already received all or part of the payment, the “Mall” shall take action within two business days from the date of receiving all or part of the payment. In this case, the “Mall” shall take appropriate measures to enable users to check the supply procedures and progress of goods, etc.
② The “Mall” shall specify the delivery method, the party responsible for delivery costs by method, and the delivery period by method for goods purchased by users. If the “Mall” exceeds the agreed delivery period, it shall compensate users for any resulting damages. However, this shall not apply if the “Mall” proves there was no intentional misconduct or negligence.
Article 14 (Refund)
If the “Mall” is unable to deliver or provide goods, etc. ordered by the user due to reasons such as items being out of stock, the “Mall” shall promptly notify the user of the reason. If payment has already been received, the “Mall” shall refund the payment or take necessary measures for refund within two business days from the date of receipt.
Article 15 (Withdrawal of Subscription, etc.)
① A user who has entered into a contract for the purchase of goods, etc. with the “Mall” may withdraw the subscription within seven days from the date of receiving the acknowledgment of receipt.
② If a user has received goods, etc., returns and exchanges shall not be permitted in any of the following cases:
Where the goods, etc. are lost or damaged due to reasons attributable to the user (however, if the packaging has been damaged solely for the purpose of checking the contents of the goods, withdrawal of subscription may still be permitted)
Where the value of the goods, etc. has significantly decreased due to use or partial consumption by the user
Where the value of the goods, etc. has significantly decreased over time to the extent that resale is difficult
Where the packaging of reproducible goods, etc. with identical performance has been damaged
③ In cases under Paragraph 2 Items 2 through 4, if the “Mall” has not clearly indicated in advance that withdrawal of subscription is restricted or has not taken measures such as providing sample products, the user’s withdrawal of subscription shall not be restricted.
④ Notwithstanding Paragraphs 1 and 2, if the contents of the goods, etc. differ from the displayed or advertised information or are performed differently from the contract terms, the user may withdraw the subscription within three months from the date of receiving the goods, etc., or within thirty days from the date the user became aware of, or could have become aware of, such discrepancy.
Article 16 (Effects of Withdrawal of Subscription)
① When the “Mall” receives returned goods, etc. from a user, the “Mall” shall refund the amount already paid within three business days. If the “Mall” delays the refund, it shall pay delayed interest calculated by applying the delayed interest rate announced by the Fair Trade Commission for the delay period.
② When refunding the payment, if the user paid using a credit card, electronic currency, or other payment method, the “Mall” shall promptly request the provider of the payment method to suspend or cancel the charge for the goods, etc.
③ In the case of withdrawal of subscription, the cost required for returning supplied goods, etc. shall be borne by the user. The “Mall” shall not claim penalties or damages from the user due to withdrawal of subscription. However, if the goods, etc. differ from the displayed or advertised information or are performed differently from the contract terms, the cost required for returning the goods, etc. shall be borne by the “Mall.”
④ If the user paid shipping costs when receiving the goods, etc., the “Mall” shall clearly indicate who bears such costs in the event of withdrawal of subscription so that users can easily understand.
Article 17 (Protection of Personal Information)
① When collecting user information, the “Mall” shall collect only the minimum information necessary for the performance of the purchase contract. The following items shall be mandatory, while other items shall be optional:
Name
Address
Telephone number
Desired ID (for members)
Password (for members)
Email address (or mobile phone number)
② When collecting personally identifiable information from users, the “Mall” shall obtain consent from the relevant user.
③ Personal information provided shall not be used for purposes other than the intended purpose or provided to third parties without the consent of the relevant user, and the “Mall” shall bear all responsibility for such matters. However, exceptions shall apply in the following cases:
Where the minimum user information necessary for delivery (name, address, telephone number) is provided to a delivery company for delivery purposes
Where information is provided in a form that cannot identify a specific individual for statistical compilation, academic research, or market research
Where necessary for payment settlement related to transactions of goods, etc.
Where identity verification is necessary to prevent unauthorized use or theft
Where there are unavoidable reasons required by laws or regulations
④ Where the “Mall” must obtain the user’s consent under Paragraphs 2 and 3, the “Mall” shall specify or notify in advance matters prescribed under Article 22 Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, including the identity of the personal information protection manager (affiliation, name, telephone number, and other contact information), the purpose of collection and use of information, and matters related to the provision of information to third parties (recipient, purpose of provision, and details of information provided). Users may withdraw such consent at any time.
⑤ Users may request access to and correction of their personal information held by the “Mall” at any time, and the “Mall” shall take necessary measures without delay. If a user requests correction of errors, the “Mall” shall not use the relevant personal information until such errors are corrected.
⑥ To protect personal information, the “Mall” shall minimize the number of managers handling personal information and shall bear full responsibility for damages incurred by users due to loss, theft, leakage, alteration, or other incidents involving personal information, including credit card and bank account information.
⑦ When the “Mall” or a third party receiving personal information from the “Mall” achieves the purpose of collecting or receiving such personal information, the relevant personal information shall be destroyed without delay.
Article 18 (Obligations of the “Mall”)
① The “Mall” shall not engage in any acts prohibited by laws and regulations or contrary to public order and morals, and shall make its best efforts to provide goods and services continuously and stably in accordance with these Terms and Conditions.
② The “Mall” shall establish a security system to protect users’ personal information (including credit information) so that users may safely use internet services.
③ If a user suffers damages due to unfair labeling or advertising practices conducted by the “Mall” in violation of Article 3 of the Act on Fair Labeling and Advertising with respect to goods or services, the “Mall” shall be liable for compensation.
④ The “Mall” shall not send commercial advertising emails that users do not wish to receive.
Article 19 (Obligations Regarding Member ID and Password)
① Except as provided in Article 17, the responsibility for managing IDs and passwords rests with the member.
② Members shall not allow any third party to use their ID and password.
③ If a member becomes aware that their ID or password has been stolen or is being used by a third party, the member shall immediately notify the “Mall” and follow any instructions provided by the “Mall.”
Article 20 (Obligations of Users)
Users shall not engage in the following acts:
Registering false information when applying or making changes
Misappropriating another person’s information
Altering information posted on the “Mall”
Transmitting or posting information (such as computer programs) other than information designated by the “Mall”
Infringing the copyrights or other intellectual property rights of the “Mall” or third parties
Damaging the reputation of or interfering with the business operations of the “Mall” or third parties
Publicly posting or disclosing obscene or violent messages, images, audio, or other information contrary to public order and morals on the “Mall”
Article 21 (Relationship Between Linked “Mall” and Connected “Mall”)
① Where an upper-level “Mall” and a lower-level “Mall” are connected through hyperlinks (including text, images, video, etc.), the former shall be referred to as the linked “Mall” (website) and the latter as the connected “Mall” (website).
② If the linked “Mall” clearly states on its initial screen or in a pop-up screen at the time of connection that it does not guarantee transactions conducted between users and the connected “Mall” regarding goods, etc. independently provided by the connected “Mall,” then the linked “Mall” shall not bear guarantee liability for such transactions.
Article 22 (Ownership of Copyright and Restrictions on Use)
① Copyrights and other intellectual property rights for works created by the “Mall” shall belong to the “Mall.”
② Users shall not reproduce, transmit, publish, distribute, broadcast, or otherwise use for commercial purposes, or allow third parties to use, information obtained through the use of the “Mall” for which intellectual property rights belong to the “Mall,” without prior consent from the “Mall.”
③ If the “Mall” uses copyrights belonging to users in accordance with an agreement, the “Mall” shall notify the relevant user.
Article 23 (Dispute Resolution)
① The “Mall” shall establish and operate a compensation handling organization to reflect legitimate opinions or complaints raised by users and to compensate for damages.
② Complaints and opinions submitted by users shall be handled on a priority basis. However, if prompt handling is difficult, the “Mall” shall immediately notify the user of the reason and processing schedule.
③ If a user applies for relief regarding an electronic commerce dispute arising between the “Mall” and the user, the dispute may be resolved through mediation by a dispute resolution institution commissioned by the Fair Trade Commission or the relevant city/provincial governor.
Article 24 (Jurisdiction and Governing Law)
① Lawsuits regarding electronic commerce disputes arising between the “Mall” and users shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the user’s address at the time of filing. If the user has no address, jurisdiction shall lie with the district court having jurisdiction over the user’s residence. However, if the user’s address or residence is unclear at the time of filing, or if the user resides overseas, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
② Korean law shall apply to electronic commerce lawsuits filed between the “Mall” and users.
Supplementary Provision
These Terms and Conditions shall take effect from [Year] [Month] [Day].
