Terms and Conditions
Article 1 (Purpose)
The purpose of these Terms and Conditions is to define the rights, obligations, and responsibilities of the "Cualeunu" Cyber Mall (hereinafter referred to as the "Mall") operated by Cualeunu (an e-commerce business operator) and the users in using internet-related services (hereinafter referred to as the "Services") provided by the Mall. ※ 「These terms shall also apply to e-commerce using PC communication, wireless, etc., unless it is contrary to its nature.」
Article 2 (Definitions)
① "Mall" refers to a virtual place of business established by Cualeunu to provide goods or services (hereinafter referred to as "Goods, etc.") to users by using information and communication facilities such as computers, and it is also used to refer to the operator of the cyber mall.
② "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 "Member" refers to a person who has registered as a member of the "Mall" and can continuously use the services provided by the "Mall."
④ "Non-member" refers to a person who uses the services provided by the "Mall" without joining as a member.
Article 3 (Specification, Explanation, and Amendment of Terms)
① The "Mall" shall post the contents of these Terms and Conditions, business name, representative's name, business address (including the address for handling consumer complaints), phone number, fax number, email address, business registration number, mail-order business report number, and personal information protection officer on the initial service screen (front) of the Cualeunu Cyber Mall so that users can easily find them. However, the contents of the terms and conditions may be made available to users through a linked screen.
② Before a user agrees to the terms and conditions, the "Mall" must provide a separate linked screen or pop-up screen to seek the user's confirmation so that the user can understand important details such as withdrawal of subscription, delivery responsibility, and refund conditions.
③ The "Mall" may amend these Terms and Conditions to the extent that it does not violate relevant laws, such as the 「Act on Consumer Protection in Electronic Commerce」, 「Act on the Regulation of Terms and Conditions」, 「Framework Act on Electronic Documents and Transactions」, 「Electronic Financial Transactions Act」, 「Electronic Signature Act」, 「Act on Promotion of Information and Communications Network Utilization and Information Protection」, 「Act on Door-to-Door Sales」, and 「Framework Act on Consumers」.
④ When the "Mall" amends the terms and conditions, it shall specify the effective date and the reason for the amendment and announce it on the initial screen of the Mall along with the current terms and conditions from 7 days prior to the effective date to the day before the effective date. However, if the contents of the terms and conditions are changed to the disadvantage of the user, a prior notice period of at least 30 days shall be provided. In this case, the "Mall" shall clearly compare the contents before and after the amendment so that users can easily understand them.
⑤ If the "Mall" amends the terms and conditions, the amended terms shall apply only to contracts concluded after the effective date, and the previous terms shall apply to contracts already concluded before that date. However, if a user who has already concluded a contract sends a message expressing their desire to be subject to the amended terms within the notice period of the amended terms under Paragraph 3 and receives the consent of the "Mall," the amended terms shall apply.
⑥ Matters not defined in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Consumer Protection Guidelines in Electronic Commerce prescribed by the Fair Trade Commission, and relevant laws or commercial practices.
Article 4 (Provision and Change of Service)
① The "Mall" shall perform the following duties:
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Providing information on goods or services and concluding purchase contracts.
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Delivery of goods or services for which a purchase contract has been concluded.
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Other duties determined by the "Mall."
② In the event of a stock-out of goods or services or changes in technical specifications, the "Mall" may change the contents of the goods or services to be provided under future contracts. In this case, the contents of the changed goods or services and the date of provision shall be specified and immediately announced where the current goods or services are posted.
③ If the "Mall" changes the contents of the service contracted with the user due to reasons such as stock-out or changes in technical specifications, it shall immediately notify the user at a notified address.
④ In the case of the preceding paragraph, the "Mall" shall compensate the user for damages incurred. However, this shall not apply if the "Mall" proves that there is no intentional misconduct or negligence.
Article 5 (Suspension of Service)
① The "Mall" may temporarily suspend the provision of services in the event of maintenance, inspection, replacement, or breakdown of information and communication facilities such as computers, or interruption of communication.
② The "Mall" shall compensate for damages suffered by the user or a third party due to the temporary suspension of service for the reasons mentioned in Paragraph 1. However, this shall not apply if the "Mall" proves that there is no intentional misconduct or negligence.
③ In the event that services cannot be provided due to a change in business items, abandonment of business, or integration between companies, the "Mall" shall notify the user in the manner prescribed in Article 8 and compensate the consumer according to the conditions originally suggested by the "Mall." However, if the "Mall" has not notified the compensation criteria, it shall pay the users' mileage or points in kind or cash equivalent to the currency value accepted by the "Mall."
Article 6 (Membership Registration)
① Users apply for membership by filling in member information according to the registration form set by the "Mall" and expressing their intention to agree to these Terms and Conditions.
② The "Mall" shall register users who apply for membership as described in Paragraph 1 unless they fall under any of the following:
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If the applicant has previously lost membership status under Article 7, Paragraph 3 of these Terms (Except for those who have passed 3 years since the loss of membership and obtained approval from the "Mall" for re-registration).
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If there are falsehoods, omissions, or errors in the registered contents.
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If it is judged that registering as a member significantly hinders the technology of the "Mall."
③ The membership contract is established when the "Mall's" approval reaches the member.
④ Members must notify the "Mall" of any changes to the registered information within a reasonable period by modifying member information.
Article 7 (Membership Withdrawal and Loss of Qualification)
① Members may request to withdraw from the "Mall" at any time, and the "Mall" will process the withdrawal immediately.
② If a member falls under any of the following reasons, the "Mall" may limit or suspend membership:
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If false information was registered at the time of application.
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If the member fails to pay the price of goods purchased through the "Mall" or other debts related to the use of the "Mall" on time.
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If the member threatens the order of e-commerce, such as by interfering with others' use of the "Mall" or stealing information.
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If the member commits an act prohibited by law or these Terms and Conditions or contrary to public order and morals using the "Mall."
③ After the "Mall" restricts or suspends membership, if the same act is repeated twice or more or the cause is not corrected within 30 days, the "Mall" may disqualify the member.
④ If the "Mall" disqualifies a member, it cancels the membership registration. In this case, the member will be notified and given an opportunity to explain for at least 30 days before the registration is canceled.
Article 8 (Notice to Members)
① When the "Mall" gives notice to a member, it may be sent to the email address designated by the member in advance.
② In the case of notice to an unspecified number of members, the "Mall" may substitute individual notice by posting it 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 transaction.
Article 9 (Purchase Request and Consent to Provide Personal Information)
① Users of the "Mall" apply for purchase by the following or similar methods, and the "Mall" must provide the following information in an easy-to-understand manner:
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Searching and selecting goods, etc.
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Entering the recipient's name, address, phone number, email address (or mobile phone number), etc.
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Confirming the contents of the terms and conditions, services with limited right of withdrawal, and costs related to shipping and installation fees.
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Expressing agreement to these terms and confirming or refusing the items in point 3 above (e.g., mouse click).
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Application for purchase of goods and confirmation thereof, or agreement to the confirmation of the "Mall."
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Selection of payment method.
② If the "Mall" needs to provide the purchaser's personal information to a third party, it must notify and obtain consent for: 1) the recipient of the personal information, 2) the recipient's purpose of use, 3) items of personal information provided, and 4) the recipient's retention and use period.
③ If the "Mall" entrusts a third party with the handling of the purchaser's personal information, it must notify and obtain consent for: 1) the person being entrusted, and 2) the contents of the work being entrusted. However, if it is necessary for the performance of the contract and related to consumer convenience, it may be notified through the Privacy Policy in accordance with the 「Act on Promotion of Information and Communications Network Utilization and Information Protection」 without separate notice and consent procedures.
Article 10 (Formation of Contract)
① The "Mall" may not accept a purchase request as in Article 9 if it falls under any of the following. However, if a contract is concluded with a minor, it must be notified that the minor or their legal representative may cancel the contract if the consent of the legal representative is not obtained.
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If there are falsehoods, omissions, or errors in the application.
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If a minor purchases goods or services prohibited by the Youth Protection Act, such as tobacco or alcohol.
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If it is judged that accepting the purchase request significantly hinders the technology of the "Mall."
② The contract is deemed established when the approval of the "Mall" reaches the user in the form of an acknowledgment notice under Article 12, Paragraph 1.
③ The "Mall's" expression of approval shall include information on confirmation of the user's purchase request, availability of sale, and correction or cancellation of the purchase request.
Article 11 (Payment Method) The payment for goods or services purchased from the "Mall" can be made by any of the following available methods. However, the "Mall" cannot collect any additional fees of any kind regarding the user's payment method.
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Various account transfers such as phone banking, internet banking, or mail banking.
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Various card payments such as prepaid cards, debit cards, or credit cards.
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Online bank transfer (Virtual account).
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Payment by electronic money.
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Payment upon receipt (COD).
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Payment by points issued by the "Mall," such as mileage.
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Payment by gift certificates contracted with or recognized by the "Mall."
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Other electronic payment methods.
Article 12 (Acknowledgment Notice, Change, and Cancellation of Purchase Request)
① The "Mall" shall send an acknowledgment notice to the user when there is a purchase request.
② A user who receives an acknowledgment notice may request a change or cancellation of the purchase request immediately after receiving the notice if there is a discrepancy in intention, and the "Mall" must process the request without delay if requested before delivery. However, if payment has already been made, the provisions regarding the withdrawal of subscription in Article 15 shall apply.
Article 13 (Supply of Goods, etc.)
① Unless there is a separate agreement regarding the timing of supply, the "Mall" shall take necessary measures such as custom ordering and packaging to ensure delivery within 7 days from the date of the user's subscription. However, if the "Mall" has already received all or part of the payment, measures shall be taken within 3 business days from the date of receipt. In this case, the "Mall" shall take appropriate measures so that the user can check the supply procedure and progress.
② The "Mall" shall specify the delivery method, the person responsible for delivery costs by method, and the delivery period by method for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, it must compensate for the user's damages. However, this shall not apply if the "Mall" proves that there is no intentional misconduct or negligence.
Article 14 (Refund) If the "Mall" cannot deliver or provide the goods requested for purchase due to reasons such as being out of stock, it shall notify the user without delay. If the payment has been received in advance, the refund or necessary measures shall be taken within 3 business days from the date of receipt.
Article 15 (Withdrawal of Subscription, etc.)
① A user who has concluded a contract with the "Mall" for the purchase of goods may withdraw the subscription within 7 days from the date they received the written contract under Article 13, Paragraph 2 of the 「Act on Consumer Protection in Electronic Commerce」 (If the supply of goods is later than the receipt of the document, the date the goods were supplied or the supply began). However, if the Act says otherwise, the provisions of the Act shall apply.
② A user cannot return or exchange goods in the following cases:
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If the goods are lost or damaged due to a cause responsible to the user (However, if the packaging was damaged to check the contents, the subscription can be withdrawn).
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If the value of the goods has significantly decreased due to the user's use or partial consumption.
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If the value of the goods has significantly decreased to the point that resale is difficult due to the passage of time.
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If the packaging of reproducible goods with the same performance is damaged.
③ In cases 2 to 4 of Paragraph 2, the user's right of withdrawal is not restricted unless the "Mall" took measures such as clearly stating the fact that withdrawal is restricted in advance or providing trial products.
④ Notwithstanding Paragraphs 1 and 2, if the content of the goods is different from the display or advertisement or the contract is performed differently, the user may withdraw the subscription within 3 months from the date of supply, or within 30 days from the date they knew or could have known the fact.
Article 16 (Effect of Withdrawal of Subscription)
① If the "Mall" receives returned goods from a user, it shall refund the payment already received within 3 business days. If the "Mall" delays the refund, it shall pay delay interest calculated by multiplying the delay period by the interest rate prescribed in the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce.
② In refunding the payment, if the user paid by credit card or electronic money, the "Mall" shall request the business operator who provided the payment method to suspend or cancel the request for payment without delay.
③ In case of withdrawal, the cost required for returning the goods shall be borne by the user. The "Mall" does not claim a penalty or damages for the withdrawal. However, if the withdrawal is due to the goods being different from the advertisement or contract, the return cost shall be borne by the Mall.
④ If the user bore the shipping cost when receiving the goods, the "Mall" shall clearly indicate who bears the cost upon withdrawal of the subscription.
Article 17 (Personal Information Protection)
① The "Mall" collects the minimum personal information necessary for providing services when collecting a user's information.
② The "Mall" does not collect information necessary for the performance of the purchase contract in advance at the time of membership registration. However, this does not apply if a minimum amount of specific personal information is collected before the purchase contract to fulfill obligations under relevant laws.
③ When the "Mall" collects and uses a user's personal information, it must notify the user of the purpose and obtain consent.
④ The "Mall" cannot use collected personal information for purposes other than those intended, and if a new purpose arises or if it is provided to a third party, the purpose shall be notified and consent obtained at the use/provision stage. However, exceptions apply if defined differently by law.
⑤ If the "Mall" needs consent under Paragraphs 2 and 3, it must specify or notify in advance the identity of the personal information protection officer (affiliation, name, phone number, etc.), the purpose of collection and use, and matters related to information provision to third parties as prescribed in the 「Act on Promotion of Information and Communications Network Utilization and Information Protection」. The user may withdraw this consent at any time.
⑥ Users may request to access or correct errors in their personal information held by the "Mall" at any time, and the "Mall" is obliged to take necessary measures without delay. If a correction is requested, the "Mall" will not use the personal information until the error is corrected.
⑦ To protect personal information, the "Mall" shall limit the number of people handling user information to a minimum and take all responsibility for damages caused by the loss, theft, leakage, unauthorized provision, or alteration of the user's personal information, including credit cards and bank accounts.
⑧ The "Mall" or a third party who received personal information from it shall destroy the information without delay when the purpose of collection or provision is achieved.
⑨ The "Mall" does not set the consent box for the collection, use, and provision of personal information to be pre-selected. It also specifies the services that will be restricted if consent is refused and does not restrict or refuse the provision of services such as membership registration because the user refuses to consent to the collection of non-essential items.
Article 18 (Obligations of the "Mall")
① The "Mall" shall not commit acts prohibited by law and these Terms and Conditions or contrary to public order and morals and shall do its best to provide goods and services continuously and stably as prescribed by these Terms and Conditions.
② The "Mall" must have a security system to protect users' personal information (including credit information) so that users can safely use internet services.
③ If the "Mall" causes damage to a user by committing unfair display or advertising acts prescribed in Article 3 of the 「Act on Fair Labeling and Advertising」 regarding products or services, it shall be liable for compensation.
④ The "Mall" does not send commercial emails for profit that the user does not want.
Article 19 (Obligations for Member ID and Password)
① Except for cases in Article 17, the member is responsible for managing their ID and password.
② Members must not allow third parties to use their ID and password.
③ If a member recognizes 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 provided by the "Mall."
Article 20 (Obligations of the User) Users shall not commit the following acts:
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Registering false information when applying or changing information.
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Stealing others' information.
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Changing information posted on the "Mall."
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Sending or posting information other than that prescribed by the "Mall" (e.g., computer programs).
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Infringing on intellectual property rights, such as copyrights of the "Mall" or other third parties.
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Damaging the reputation or interfering with the business of the "Mall" or other third parties.
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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 Linked Mall and Connecting Mall)
① If a parent mall and a child mall are connected via a hyperlink (e.g., target of hyperlink includes text, pictures, and motion pictures), the former is called the "Linked Mall" (website) and the latter is called the "Connecting Mall" (website).
② The Linked Mall shall not be liable for transactions performed by the user with the Connecting Mall for goods independently provided by the Connecting Mall, provided that it is stated on the initial screen of the Linked Mall or a pop-up screen at the time of connection.
Article 22 (Ownership of Copyright and Restriction of Use)
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 "Mall" for profit-making purposes by reproduction, transmission, publication, distribution, broadcasting, or other methods, nor allow third parties to use information to which intellectual property rights belong to the "Mall" without the prior consent of the "Mall."
③ The "Mall" must notify the user if it uses a copyright belonging to the user in accordance with an agreement.
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 compensate for the damage.
② The "Mall" shall prioritize complaints and opinions submitted by users. However, if prompt processing is difficult, the user will be notified of the reason and the processing schedule immediately.
③ In the event of an e-commerce dispute between the "Mall" and a user, if there is an application for damage relief, it may be subject to mediation by a dispute mediation agency requested by the Fair Trade Commission or a city/provincial governor.
Article 24 (Jurisdiction and Governing Law)
① Lawsuits regarding e-commerce disputes between the "Mall" and a user shall be brought to the local court having jurisdiction over the user's address at the time of filing, or if there is no address, the local court having jurisdiction over the place of residence. However, if the user's address or residence is not clear at the time of filing, or if the user is a foreign resident, 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 a user.