Terms and Conditions of HanMarket Service
Article 1 (Purpose) The purpose of this Agreement is to prescribe the rights, obligations, responsibilities, and responsibilities of cyber malls and users in the use of services related to Internet purchasing agencies and delivery agencies (hereinafter referred to as "services") provided by HAN MARKET Cyber Mall (hereinafter referred to as "company") operated by HanPass International Co., Ltd.
※「This Agreement shall apply to e-commerce including but not limited to PC communication, wireless and any mobile form as well unless it is contradictory to its nature.」
Article 2 (Definitions)
① "Company" means a virtual place of business that Hanpass International Co., Ltd. has set up to trade goods, etc. using information and communications facilities such as computers to provide goods or services to users (hereinafter referred to as "goods, etc."), and it is also used in the meaning of a business operator operating a cyber mall.
② "User" means a member or non-member who connects to the "Company" and receives services provided by the "Company" under this Agreement.
③ The term "member" means a person who has registered as a member of the "company" and who can continue to use the services provided by the "company".
④ 'Non-member' refers to a person who uses the services provided by the company without joining the membership.
Article 3 (Statement, explanation, and revision of terms and conditions)
① "Company" posts on the initial service screen (front) of the Cyber Mall of Han Market for users to easily understand the contents of this Agreement, the name of the customer, the name of the representative, the address of the place of business (including the address of the place where consumers can handle their complaints), phone number, facsimile number, business registration number, telecommunication business report number, and personal information management manager. However, the contents of the terms and conditions can be viewed by the user through a connected screen.
② Before the user agrees to the terms and conditions, "Company" shall seek the user's confirmation by providing a separate connection screen or pop-up screen so that the users can understand important contents such as withdrawal of subscription, delivery responsibility, refund conditions, etc.
③ "Company" may amend this Agreement to the extent that it does not violate the relevant laws, such as the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Electronic Transactions, the Electronic Signatures Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act, and the Framework Act on Consumers.
④ If "Company" amends the terms and conditions, it shall announce the date of application and the reason for revision on the initializing page of the mall along with the current terms and conditions from 7 days before the date of application to the day before the date of application. However, if the details of the terms and conditions are changed against the user, a grace period of at least 30 days shall be given. In this case, "Company" clearly compares the contents before and after the revision to make it easier for users to understand.
⑤ If the "Company" amends its terms and conditions, the amended terms and conditions shall apply only to contracts concluded on or after the date of application, and the terms and conditions before the amendment shall apply to contracts already concluded. However, if a user who has already entered into a contract sends his/her intention to be subject to the amended terms and conditions to the "Company" within the notice period of the amended terms and conditions under paragraph (3), the amended terms and conditions shall apply.
⑥ Matters not prescribed in this Agreement and the interpretation of this Agreement shall be governed by the Consumer Protection Act in e-commerce, the Regulations on Terms and Conditions, the Guidelines for Consumer Protection in e-commerce, etc. as prescribed by the Fair Trade Commission, and related statutes or correlations.
Article 4 (Service provision and associated changes)
① "Company" performs the following tasks:
1. The provision of information and services on goods or services and the conclusion of purchase contracts.
2. Shipping of goods or services to which a purchase contract has been concluded.
3. Other tasks determined necessary by the "company".
② "Company" may change the contents of goods or services to be provided under the contract in the future in the event of a shortage of goods or services or a change in technical specifications. In this case, the contents of the changed goods or services and the date of delivery are immediately notified to the place where the current goods or services are posted.
③ If the contents of the service contracted with the user to be provided by the “Company” are changed due to shortage of goods, etc. or changes in technical specifications, the reason shall be immediately notified to the user by the address available for notification.
④ In the previous paragraph, "Company" shall compensate for any damages incurred by the user. However, this is not the case if the "company" proves that there is no intention or negligence.
Article 5 (Suspension of Service)
① "Company" may temporarily suspend the provision of services in the event of maintenance inspection, replacement, breakdown, communication failure, etc. of information and communication facilities such as computers.
② "Company" shall compensate for damages suffered by users or third parties due to temporary suspension of service provision due to the reasons referred to in paragraph 1. However, this is not the case if "company" proves that there is no intention or negligence.
③ In the event that the service cannot be provided due to the conversion of business items, abandonment of the business, or integration between companies, the "company" shall notify the users by the method prescribed in Article 8 and compensate the consumers according to the conditions originally provided by the "company". However, if the "Company" fails to notify the compensation criteria, the users' mileage or reserves shall be paid to the users in kind or cash corresponding to the currency value used by the "Company".
Article 6 (Membership enrollment)
① The user enters the membership information in accordance with the subscription form set by the "Company" and signs that he/she agrees to the terms and conditions to apply for membership.
② "Company" shall register and process membership request unless it falls under any of the following as stated in paragraphs below
1. Where an applicant for membership has previously lost his or her membership under Article 7 Section 3 of this Agreement, the foregoing shall not apply where three years have elapsed since he or she lost his or her membership under Article 7 Section 3.
2. In case of a false, omitted entry or erratum in the registered information.
3. Where it is deemed that registration as the member would negatively impact the "company".
③ The time of membership establishment shall be when the approval of the "Company" has been fully delivered.
④ If there is a change in the registered information at the time of signing up, the member shall notify the "Company" of the change by modifying the member information within a reasonable period of time.
Article 7 (Member withdrawal, loss of qualification and related matters)
① The member may request the "Company" to withdraw at any time, and the "Company" shall process the withdrawal immediately.
② "Company" may restrict or suspend membership for the following reasons stated below
1. Where false information is registered at the time of application for membership
2. In the event where a member fails to pay on the date of payment for goods, etc. purchased using the "Company" or other debts owed by the member in connection with the use of the "Company".
3. Threatening the order of e-commerce, such as obstructing the use of other people's "company", stealing such information, any other malicious actions hindering operation.
4. Where the a member utilizes the "company" in any way to perform actions prohibited by legal statutes, the terms and conditions, law or any other public order.
③ "Company" may deprive membership if suspended member repeats misbehaviour or is not corrected within 30 days after the "Company" restrictions or warnings.
④ "Company" may permanently cancel membership registration should the violation be severe enough. In this case, the member shall be notified and is given the opportunity to explain themselves 30 days prior to the cancellation of membership registration.
Article 8 (Notice to Members)
① If "Company" notifies a member, it will be sent via member’s e-mail address registered and agreed upon with the “Company”.
② "Company" may replace individual notices by posting them on the "Company" bulletin board for more than one week in the case of notification to an unspecified number of members. However, individual notices are given regarding matters that have a significant impact on the member's own transactions.
Article 9 (Application for Purchase)
① A "company" employer shall apply for purchase in the "company" in the following or similar manner, and the "company" shall provide the following information in the application for purchase in an easy-to-understand manner.
1. Searching for and selecting goods, etc.
2. Entering the recipient's name, address, phone number, e-mail address (or mobile phone number) etc.
3. Check the details of the terms and conditions, services restricted from withdrawal of subscription, shipping and installation costs, etc.
4. Marks agreeing to the Agreement and confirming or rejecting the above 3 (i.e. mouse click)
5. Consent to the application for purchase of goods, etc. and confirmation of such purchase or confirmation of the "company“.
6. Selecting a payment method
Article 10 (Contract Establishment)
① "Company" may not accept the purchase application as shown in Article 9 if it falls under any of the following: However, if a contract is concluded with a minor, the minor himself or his legal representative shall be notified that the contract can be canceled if the consent of the legal representative is not obtained.
1. Where there is a false, omission or error in the application.
2. Where a minor purchases goods and services prohibited by the Juvenile Protection Act, such as tobacco, alcohol, etc.
3. Where acceptance of purchase applications may negatively impact the "company"
② A contract shall be deemed to have been established at the time when approval of the "Company" has reached the user in the form of a receipt notification under Article 14 Section 1
③ "Company" shall include information on the user's confirmation of purchase application and availability of sale, cancellation of correction of purchase application, etc.
Article 11 (inspection and repackaging)
① The company may open or inspect the goods, etc. purchased by the user to check whether the goods, etc. are identical, defective or damaged, and whether the shipment is not in violation of the export and import statutes, etc.
② If the company finds defects, damages, etc. in goods, etc., it notifies the user and cancels or terminates the contract or withdraws the subscription at the request of the user.
③ The company shall dispose of the goods, etc. according to the user's request, compensate for the selling price of the goods, and bear the expenses incurred in disposing.
④ If the packaging is not suitable for transportation, the company may add additional packaging considering the degree of impact that may occur during shipment.
Article 12 (Delivery) If users purchase multiple goods, etc. and the overseas business operators who supply each goods, etc. are different, the goods, etc. can be delivered in the order they arrive at the company's overseas receiving place, and it does not cooperate with the users' requests for illegal activities, such as installment delivery and price-false reporting to avoid government or additional taxes.
Article 13 (Payment Method) The payment method for goods or services purchased from the "Company" may be made in any of the following methods stated below. The "company" shall not collect any nominal fees for the payment of goods added to the user's payment method.
1. Account transfers including phone banking, Internet banking, and mail banking.
2. Payment by various cards such as prepaid cards, debit cards, credit cards, etc.
3. Online deposit without bankbook
4. Payment by electronic currency
5. Payment upon receipt
6. Payment by points paid by "company" such as mileage
7. Payment by gift certificates that have been contracted with or recognized by the "company"
8. Payment by other electronic means of payment, etc.
Article 14 (Receipt notification, change or cancellation of purchase request)
① "Company" notifies the user of receipt confirmation when there is purchase request is made.
② The user who receives the receipt confirmation notice may request the change or cancel of the purchase application immediately after receiving the receipt confirmation notice, and the "company" shall process the request without delay if requested by the user prior to delivery. However, if the payment has already been made, it shall be governed by the provisions of Article 17 on withdrawal of subscription, etc.
Article 15 (Provision of goods and services)
① "Company" shall take other necessary measures, such as custom manufacture, packaging, etc., to deliver goods, etc. within seven days from the date of the user's subscription, unless there is a separate agreement with the user regarding the timing of supply of goods, etc. However, if the "company" has already received all or part of the payment for goods, etc., it shall take action within three business days from the date of receipt of all or part of the payment. At this time, "Company" shall take appropriate measures so that users can check the supply procedures and progress of goods, etc.
② "Company" specifies the delivery method, delivery cost by means, delivery period by means, etc. for goods purchased by users. If the "company" exceeds the agreed delivery period, the user shall compensate for the damages caused by the contract. However, this shall not apply to cases where "company" has proven that there is no intention or negligence.
Article 16 (Refund)
"Company" shall promptly notify the user of the reason when the goods requested by the user cannot be delivered due to various reasons including the goods being sold out and shall refund the goods or advanced payment within three business days from the date of payment receipt or take other necessary measures for refund in cases considered legitimate by the company.
Article 17 (Application withdrawal)
① Users who have signed a contract with "Company" regarding the purchase of goods may withdraw their subscription through bulletin boards, 1:1 consultations, and customer centers within 7 days from the date they receive a letter of the contract under Article 13 section 2 of the 「Consumer Protection in Electronic Commerce and Related Transactions Act」(In case where goods were delivered before the letter, the date refers to the date of receiving goods) However, if the 「Consumer Protection in Electronic Commerce and Related Transactions Act」 stipulates otherwise regarding the withdrawal of subscription, provisions of the Act shall apply.
② Users are not allowed to return goods or exchange goods in any of the following cases.
1. In the event that goods are lost or damaged due to the user’s (However, if packaging is damaged only to check the contents of goods, the subscription can be withdrawn.)
2. Where the value of goods has decreased due to the use or consumption
3. Where the value of goods has decreased over time to the extent that resale is difficult
4. In the case of damaged packaging of the original goods to the extent of impossible to duplicate goods with the same value or performance
5. Other reasons for limiting returns under relevant legal statutes
③ In case of applying for an exchange, if the company does not have stock the exchange request will be processed as a return of the product.
Article 18 (Effects of Withdrawal)
① "Company" will refund the payment of paid goods within 3 business days if it receives goods from the user. In this case, when the "Company" delays the refund of goods, the delayed interest is calculated by multiplying the delayed interest rate prescribed in Article 21 Section 2 of 「Consumer Protection in Electronic Commerce and Related Transactions Act」
② "Company" requests the business operator who provided the payment method to suspend or cancel the claim for the goods or other payment without delay when the user pays the payment by credit card or electronic currency in return for the above payment.
③ In the case of withdrawal of subscription, the user shall bear the expenses necessary for the return of goods supplied. "Company" shall not claim any penalty or damages to the user due to withdrawal of subscription. However, if the contents of the goods, etc. are different from the contents of the display or advertisement, or if the subscription is withdrawn due to the performance of the contents of the contract, the "company" shall bear the expenses necessary for the return of the goods.
④ If the user paid shipping costs when receiving goods, the "Company" will clearly indicate who pays for the shipping cost when the subscription is withdrawn.
Article 19 (Return Policy)
① If the user withdraws the subscription after the goods purchased by the user are sent to the company's domestic receiving place due to a sales contract between the company and the distributor, the user shall bear the shipping fee and purchase fee required to return the goods. In this case, the user may request the user to present data to prove the date and time of the contract and the shipment, and the "company" shall comply with the request
② In the event when a user withdraws a subscription after the company sends the goods purchased to the user's overseas destination, the user shall bear the expenses incurred in the shipment of the goods, such as domestic transportation fees, overseas local transportation charges, overseas taxes, overseas local delivery fees, shipping charges, air transportation fees, customs duties consignment fees, government and additional taxes, and the return of the goods to the company's domestic address.
③ "Company" shall take measures to mark the above sections 1 and 2 in a place where users can easily have access to in advance.
Article 20 (Exchange and Repair Policy)
① The company does not own stock of goods, therefore it is not possible to exchange them. However, return and refund of the goods according to withdrawal of subscription is available.
② The company does not provide repair (A/S) work for the goods.
Article 21 (Protection of Personal Information)
① "Company" collects the minimum amount of personal information necessary for providing services when collecting users' personal information.
② "Company" does not collect information necessary to carry out purchase contracts in advance when signing up as a member. However, this is not the case when collecting at least specific personal information as it is necessary to verify the identity before the purchase contract for the performance of obligations under the relevant statutes.
③ "Company" notifies the users of the purpose of collecting and using their personal information and obtains their consent.
④ "Company" shall not use the collected personal information for any purpose other than its intended purpose. In the event of a new purpose of use or provision to a third party, the company shall notify the users of the purpose and obtain their consent during the use or provision phase. However, this shall not apply to cases where there is a difference in the relevant statutes.
⑤ If the "company" is required to obtain the user's consent regarding above sections 2 and 3, it shall state in advance the information provided in Article 22 Section 2 of the 「Promotion of Information and Communications Network Utilization and Information Protection Act」 including the identity of the person in charge of personal information management (affiliated, name and telephone number and other contact information), purpose of collection and use of information and related provision to third parties (providers and purpose of information provision).
⑥ Users may request the "Company" to read and correct their personal information at any time, and the "Company" shall be obliged to take necessary measures without delay. If the user requests correction of the error, the "Company" shall not use the personal information until the error is corrected.
⑦ "Company" shall limit users who handle personal information to a minimum in order to protect personal information, and shall be fully responsible for damages caused by loss, theft, leakage, provision of unauthorized third parties and tampering of personal information of users, including information on credit cards, bank accounts, bank accounts and etc.
⑧ "Company" or a third party who has received personal information from the company shall destroy the personal information without delay when the purpose of collecting or receiving personal information is fulfilled.
⑨ "Company" does not set the consent granted for collecting, using, or providing personal information as selected in advance. In addition, the company specifically specifies the services that are restricted when users refuse to agree to collect, use, or provide personal information, and does not restrict or reject the provision of services, such as membership, on the grounds of refusal of the users' consent to the collection, use, and provision of personal information other than mandatory collection items.
Article 22 (Duties of "Company")
① "Company" shall do its best to provide goods and services continuously and stably, as provided by the Act and subordinate statute or this Agreement does not prohibit or violate the public domain.
② "Company" shall have a security system for protecting users' personal information (including credit information) so that users can safely use Internet services.
③ "Company" shall be responsible in compensating for damages strictly due to unfair display or advertisement as prescribed in Article 3 of the 「Fair Display and Advertisements Act」.
④ "Company" does not send commercial e-mail that the user does not want.
Article 23 (Member ID and Password Management)
① Except in the case of Article 17, the member shall be responsible for the management of ID and password.
② Member shall not disclose, expose or provide for use the ID and password to a third party.
③ In the event a member recognizes that his ID and password have been stolen or used by a third party, the member shall be responsible for any loss or disadvantage caused by failure to comply with the obligations under this clause, such as not notifying the "company" immediately or failing to comply with the "company" instructions.
Article 24 (Duties of Member)
① A member shall not perform any of the following.
1. Registration of false information upon requesting or making modification
2. Using or stealing other people’s information
3. Changing information posted by the "Company"
4. Sending or publishing unauthorized information (including computer programs)
5. Infringement of intellectual property rights and copyrights of "company" and third parties
6. Act of defamation or obstructing the work of the “Company” and third parties
7. Disclosure or posting of obscene or violent messages, images, voices, or other information against the public domain in the mall
8. Transferring or providing the right to use the service or other contractual status to others
Article 25 (Relationship between Connecting “Company” and Connected “Company”)
① If the parent "company" and the sub "company" are linked by hyperlink (i.e. the target of hyperlink includes letters, pictures, and others), the former is referred to as the connecting "company" (website) and the latter as the connected "company" (website).
② Connecting "Company" shall not be liable for the guarantee of the transaction performed with the users by the goods provided independently by the connected “Company”, if it is specified as the initial screen of the "Company" or the pop-up screen at the time of connection.
Article 26 (Copyright ownership and usage limitation)
① Copyrights and other intellectual property rights to any direct or indirect works by "Company" belong to "Company".
② Users shall not use the information obtained by using "Company" for profit-making purposes or use it to third parties by means of duplication, transmission, publication, distribution, broadcasting or other means without prior consent from the "Company".
③ "Company" shall notify the user of the copyrights attributable to the user in accordance with the agreement.
④ The copyright of the posting posted by the member on the service screen belongs to the member who posted it. In addition, "company" may not commercially use the post without the publisher's consent. However, this is not the case for non-profit purposes, and it also has the right to publish on this site.
Article 27 (Dispute Resolution)
① "Company" establishes and operates a damage compensation treatment device to reflect legitimate opinions or complaints raised by users and to compensate for such damages.
② "Company" shall deal with complaints and opinions submitted from users first. However, if it is difficult to process it promptly, the user will be notified of the reason and the processing schedule immediately.
③ In the event of a user's request for damage relief in connection with an e-commerce dispute between the "company" and the user, the dispute settlement agency requested by the Fair Trade Commission or the city or provincial governor may comply with the mediation.
Article 28 (Trial Rights and Compliance)
① A lawsuit concerning an e-commerce dispute between the "company" and the user shall be filed by the user's address at the time of the complaint, and if there is no address, it shall be the exclusive jurisdiction of the local court having jurisdiction over the residence. However, if the user's address or residence is not clear at the time of filing a complaint, or in the case of a foreign resident, it shall be filed with the competent court under the Civil Procedure Act.
② Korean law applies to e-commerce lawsuits filed between the "company" and user.
Article 29 (Publication Rights and Responsibilities)
① "Company" values members' posts and protects them from tampering, damaging, or deleting them. However, the following posts or materials may be deleted, moved, or registered without prior notice, and the access of the relevant member may be restricted, suspended, or lost
1. Contents that are insulting or defaming another member or a third party
2. Disseminating or linking content that violates public order and customs
3. Illegal copy and hacking or contents encouraging it
4. For profit advertisements
5. In the case of content that is deemed to be related to criminal conduct
6. Infringing on "company" or other members and third party’s rights
7. Posts violating rules or in defiance to the nature of the bulletin board set by the “Company”
8. Spam posts
9. Where it is deemed to be in violation of other relevant statutes
Article 30 (Cancellation and Access Restriction)
1. If a member violates the terms and conditions, the company may notify him/her to resolve the violation within a certain period of time or terminate the contract immediately.
2. The company may restrict the approval of a member who has been terminated under paragraph 1 for a certain period of time when he/she reapplies for use.
3. When a member intends to terminate a service contract, he/she shall apply for cancellation through the service or e-mail.
Article 31 (Reimbursement for Damage)
Regardless of the damages occurred to the member in relation to the services provided by the company, the company shall not be held liable for such damages except in the case of significant negligence or fault of the company.
Article 32 (Exemption Clause)
① "Company" shall be exempted from responsibility if it is unable to provide services due to natural disasters, wars and other force majeure, and reasons outside the reasonable control of the Company.
② "Company" shall be exempted from liability in the event of damage caused by the carrier's failure to stop or provide telecommunication services normally.
③ "Company" shall not guarantee any information, data, accuracy, reliability, etc. posted or transmitted by the member through the service and shall not be liable for any damages caused by the selection or use of the member's service data.
④ "Company" shall not be held liable for damages caused by profit or loss or data obtained through the service.
⑤ "Company" is not obliged to intervene in disputes arising between members or between members and third parties through the medium of services, nor shall it be liable to compensate for such damages.
⑥ "Company" shall be exempted from responsibility if the member fails to use the service due to reasons attributable to the member.
⑦ In the event of a loss to the company due to a violation of the provisions of this Agreement, the member who violates this Agreement shall compensate the company for all damages and shall indemnify the company from such damages.
⑧ "Company" may restrict general use, such as the maximum number of days that e-mail messages provided by the service, the maximum number of days that a bulletin board post is held, the maximum size of e-mail messages that can be sent and received, and the maximum amount of disk space allocated to the member. You can also revoke an inactive account for a period of time.
⑨ In any case, the company shall not be responsible for damages caused by delays in delivery or for expected profits calculated by the company members.
⑩ HANPASS International Co., Ltd. shall not be liable for loss of members who do not comply with the precautions when filling out an application for delivery and purchase agency.
1. The Terms and Conditions is effective as of July 15th, 2020.