Put on Art Inc. Terms and Conditions for Open Market Sellers

 

Article 1. Purpose

Article 2. Statement and Amendment of the Terms

Article 3. Definitions

Article 4. Nature and Purpose of Open Market Service

Article 5. Provision and Change of Service

Article 6. Suspension of Service

Article 7. Service Use Contract

Article 8. Seller’s Termination of Service Use Contract

Article 9. Company’s Termination of Service Use Contract and Seller’s Disqualification

Article 10. Notification on Sellers

Article 11. Colletion and Protection of Seller Information

Article 12. Change in Seller Information

Article 13. Management of ID

Article 14. Denial of Agency or Guarantee

Article 15. Duties of Sellers

Article 16. Registration and Management of Goods information

Article 17. Selling Price of the Goods and Service Fee

Article 18. Goods Unsuitable for Transactions

Article 19. Shipment of Goods

Article 20. Return and Exchange of Goods

Article 21. Settlement of Payment

Article 22. Suspension of Settlement

Article 23. Notice Duty of Sellers

Article 24. Confidentiality

Article 25. Product Liability

Article 26. Use of Bulletin Board

Article 27. Exemption of Company

Article 28 Jurisdiction

 

Article 1. Purpose

  • The purpose of these terms and conditions (hereinafter “terms”) are to regulate rights, duties, responsibilities and procedures of service use between the Company and an open market seller in using “Company open market and the services operated by Company within its website (hereinafter “Open market”)” through an internet website (http://wwww.putonart.com, hereinafter “website”) provided by “Put On Art (hereinafter “Company”).”
  • Agreement to these terms shall have the same effect as a conclusion of a contract between the parties involved by affixture of a seal.
  • These terms are the basic terms for the contract of open market service us between Company and a seller. Company may announce the matters which shall be applied to specific services (hereinafter “individual terms”) in advance if necessary. In case a seller agrees to these individual terms and uses specific services, the individual terms shall have precedence over these terms, and these terms shall only have supplementary effect.

 

Article 2. Statement and Amendment of the Terms

  • Company shall notify the contents of these terms, trade name, address of the business office, name of CEO, business registration number, contact information (phone number, fax number, e-mail address, etc.), etc. on the screen of Company’s website for user’s convenience.
  • In case of amending the terms, Company shall notify the enforcement date and reasons for amendment with the current terms on the initial screen of the mall 7 days prior to the enforcement date.
  • Seller shall comply with the applicable legislations including Act on the Consumer Protection in Electronic Commerce, Etc., Framework Act on Electronic Commerce, Consumer Protection Act, Act on Fair Labeling and Advertising, Act on Promotion of Information and Communications Network Utilization and Information Protections, etc., and shall not assert exemption from any violation of the applicable legislations based on the regulations of these terms.
  • Matters not regulated in these terms and the interpretation of them shall be governed by the government’s guidelines on consumer protection in electronic commerce and applicable legislations or commercial customs.

 

Article 3. Definitions

  • The term “Company” means virtual marketplace where Put on Art has established to provide users with goods or services (hereinafter “goods, etc.”) through information and communication facilities including computers, and also means the business operator who operates the cybermall.
  • The term “open market” means all of the services and related additional services which provide market place online where a seller and a buyer may enter into transaction of sales of goods through Company.
  • The term “user” means a member or non-member who accesses and receives services provided by Company according to the terms.
  • The term “member” means a person who has registered for the membership at the Company and may continually use the services provided by Company.
  • The term “non-member” means a person who uses the services provided by Company without registering for the membership.
  • The term “seller” means a person who concluded the service use contract with Company, and also means a person who registered his or her goods in the form provided online by Company with the intention of selling them. Sellers are divided into individual sellers and business sellers.
  • The term “buyer” means a user who showed his or her will to purchase the goods or services through the form provided online by Company.
  • The definition of the terms not given above shall be governed by general common practices of transaction.

 

Article 4. Nature and Purpose of Open Market Service

Open market service provides cyber marketplace online for a buyer and a seller to enter into transactions of the goods based on their free wills by Company. Company shall provide the tools necessary for improving the stability and credibility of the transaction between a buyer and a seller. The parties of the transaction shall be responsible for any incidents related to the transaction concluded between them including selection of the goods, delivery problems, return/refund, and dispute resolution, etc.

 

Article 5. Provision and Change of Service

  • Company may change the contents of the open market service in case of changes in technical specifications, etc. In such cases, Company shall notify the changes and the date of their provision on the place where the contents of current services are posted 7 days prior to the date of their provision.
  • In case Company changes the open market services due to being out of stock or changes in technical specifications, etc., Company shall compensate for the damages of a seller caused by the changes. Provided, That this shall not apply if Company has no intention or negligence.

 

Article 6. Suspension of Service

  • Company may suspend provision of service temporarily in case of maintenance, replacement or breakdown of information and communication facilities including computers, and loss or communication.
  • In case of suspension of service according to Paragraph ①, Company shall notify a seller through the methods stated in Article 10.
  • Company shall compensate for the damages a seller or a third party has suffered caused by the temporary suspension of services due to the reasons stated in paragraph ①. Provided, That this shall not apply if Company has no intention or negligence.

 

Article 7. Service Use Contract

  • A contract of open market service use provided by Company shall be established when a seller who wishes to register as a seller enters his or her information according to the form designated by Company and Company approves his or her declaration of will that he or she agrees to these terms.
  • Company shall conduct identification procedure by confirming whether the resident registration number and the name match through available credit information business operator or credit information companies according to legislations when there is an application for registration of a seller. Company may request evidential materials to the applicant if Company fails to identify him or her.
  • Company may refuse to approve an application if a person who applied for registration of an open market seller as stated in Paragraph ① come under any of the following subparagraphs.
  1. If an applicant has lost his or her qualification as an open market seller previously.. Provided, That this shall not apply if the applicant gets Company’s approval for re-registration after 2 years of losing his or her qualification.
  2. If there are false contents, omissions or typographical errors in the registration contents.
  3. Other occasions where registration is deemed to be considerably difficult due to Company’s technical limitations.
  4. If an applicant is under 20 years old
  5. If Company confirms that an applicant did not use his or her real name in the application in the course of identification procedure.
  6. If an applicant’s name and resident registration number (or business registration number, corporate registration number) are same as those of a member who has already been registered.
  7. Other occasions where his or her application is confirmed to be illegal or unlawful.
  • The establishment time of registration contract shall be the point when Company’s consent reaches the seller.
  • If there are changes in the matters registered at the time of registration, the seller shall immediately notify the changes to Company by methods such as e-mail, etc.
  • Corporate shall apply for registration as a business seller, and an individual shall register as a business seller if he or she registers in order to use our open market service as an individual seller. In case of registering as a business seller, the applicant shall provide evidential materials and additional information upon Company’s request including business registration certificate, an authentication certificate of his or her seal, a certified copy of corporate register, an authentication certificate of the corporate’s seal, and account information of CEO or the corporate for payment, etc.
  • Company shall make it a rule to approve registration of sellers who have been verified by internal standards of Company. In addition, Company may suspend or refuse to approve of an application for service use in case of any of the following subparagraphs. In such cases, Company shall post the matters related to the suspension of approval including additional information or data necessary for approval on the service screen of the website or shall notify the applicant according to Article 10.
  1. If Company cannot afford necessary facilities
  2. If there are technical difficulties
  3. If a person applying for registration of a business seller fails to provide the evidential materials or additional information stated in Article 7 ⑥
  4. Other occasions which Company recognizes to be necessary upon its reasonable judgment
  • According to these terms, a seller is deemed to have agreed on Company’s business including issuance and management of electronic payment settlement agency services (PG), payment deposits (ESCROW), electronic prepayment means.

 

Article 8. Seller’s Termination of Service Use Contract

  • A seller may terminate the service use contract at any time by notifying it to Company. The seller shall, however, complete, withdraw or cancel any sales procedures of goods before notifying his or her will to terminate the contract. In such cases, the seller shall be fully responsible for any disadvantages caused by withdrawal or cancellation of sales.
  • The service use contract shall be terminated when the seller’s will of termination reaches Company.
  • The seller who terminated the contract according to this Article may re-register a seller according to the seller registration procedures and relevant regulations of these terms.
  • Despite the notification of termination of the contract, the seller shall cooperate with Company in the delivery, exchange and refund of the goods if there are ordered goods which were not sent or there are the goods requested for exchange or refund prior to the termination of the contract. This obligation shall be expired when the completion of settlement is checked or the measures on the buyer are completed.

 

Article 9. Company’s Termination of Service Use Contract and Seller’s Disqualification

1) Company may terminate this contract by notifying it to a seller without a separate peremptory notice if there exists any of the following causes.

  1. If the seller posted false of exaggerated goods information
  2. If the seller registered or sold the goods unsuitable for transactions due to violations of the applicable legislations and governmental policies
  3. If the seller discloses or uses a customer’s personal information for the purposes other than those under the contract
  4. When Company received a serious claim from a client due to a seller’s violation of duties under the contract and when the claim is confirmed.
  5. When Company requests for correction of the seller’s violation of the duties under the contract and the seller fails to fulfill it without any special reasons.
  6. If the seller violates the same duties under the terms 3 times
  7. If the seller conducts an act of inducing direct transactions between the seller and the buyer without using the payment deposit service of Company
  8. If the seller has not logged in for more than 1 year
  9. If the seller uses Company’s system or services for torts including sending spam information, distributing programs with malicious code, and conducting any acts prohibited by legislations, etc.

2) The other party of the contract may terminate the contract through notice of termination without a separate peremptory notice if there exists any of the following causes to one party.

  1. If a party fails to correct his or her violation of duties under the contract within 7 days after receiving the other party’s request for correction.
  2. If one party was given cancellation or suspension of business or license by supervisory authorities
  3. If there exists an application for bankruptcy, composition or corporate reorganization procedures or if one party applied for those procedures.
  4. If one party’s application for suspension or revocation of provisionary seizure, provisional disposition or compulsory execution was denied within 30 days after he or she was given such dispositions.
  5. If an issued promissory note or check was returned or a transaction with bank was suspended or prohibited
  6. In case of considerably defaming the other party’s reputation
  7. Other occasions where one party cannot fulfill its duties under the contact or there exist significant reasons for failure to fulfill its duties within the terms of contract

3) In case of termination of the contract, the settlement of payment of the goods which the seller sold shall be conducted according to the procedures regulated in Article 22 while considering the day of termination as the last day of the designated period for settlement in Article 22.

4) Despite the termination of the contract, the seller shall cooperate with Company in the delivery, exchange and refund of the goods if there are ordered goods which were not sent or there are the goods requested for exchange or refund prior to the termination of the contract. This obligation shall be expired when the completion of settlement is checked or the measures on the buyer are completed.

  • In case Company fails to notify the will to terminate the contract to the seller due to errors in the contact information which the seller provided, the termination of the contract shall become effective when Company notifies the fact according to Article 10.
  • In case Company terminates the service use contract, Company may cancel the sales of the goods related to the seller and may cancel the credit card sales without separate notification if the buyer made the payment of the goods using credit card
  • In case of termination of the service use contract, Company shall conduct the settlement of the payment of the goods and other expenses of the seller. If there exists any remainder after the settlement, Company shall transfer the money to the account designated by the member.
  • The seller whose service use contract is terminated shall be fully responsible for any damages caused by the termination of the contract, and Company shall not be responsible for the matter.
  • Company shall limit or suspend the qualification of seller if the seller comes under any of ther following causes.
  1. Registering false contents when applying for registration
  2. Failing to give payment of goods he or she purchased using Company or to pay for debt he or she bears regarding the use of Company
  3. Threatening the order of electronic commerce by interrupting others’ use of Company or using other’s information illegally
  4. Using Company to conduct a deed either prohibited by legislation or this term or against public order and good morals
  • If the same act is either repeated more than twice or is not corrected within 30 days after Company has limited or suspended his or her qualification as a seller, Company may disqualify his or her seller status.
  • Company shall expunge his or her registration as a seller in case of disqualification. In such cases, Company shall notify it to the seller and grant him or her an opportunity to explain prior to the expunction.

 

Article 10. Notification on Sellers

  • In case Company notifies to a seller, the notification can be done by e-mail address which was submitted to Company by the seller.
  • Company may replace individual notifications to many and unspecified sellers with posting on Company website’s bulletin board or pop-up windows for more than 1 week.

 

Article 11. Collection and Protection of Seller Information

  • Company may collect necessary information from a seller by informing the purposes of collection and utilization of the information other than information which a seller has provided for the service use contract. In such cases, Company shall ask for a seller’s consent on the collection of information
  • In case Company asks for a seller’s consent for collecting his or her information, Company shall announce or notify the purpose of collection and utilization and relevant matters regarding provision of personal information to a third party (the person with provision of such information, the purpose of provision and the contents of provided information). A seller may withdraw his or her consent at any time.
  • In case of providing information to Company, a seller shall provide only the true information.
  • Company shall use the collected seller information for purposes other than for the purposes of collection and utilization, provision of better services and expansion of provided services except the information disclosed through the service screen including IDs, and shall not provide the information to a third party without the seller’s consent. Provided, That this shall not apply if there exists any of the following subparagraphs.
  1. Utilization of seller information and provision of such information to a third party are allowed by the applicable legislations
  2. When the seller information is required for fulfillment of a sales contract or for A/S after the sales has been completed, and when mediation committee of the government or local governments requests such information including contact information for dispute resolution. Provided, That in such case, Company shall only provide the contact information of the other party to the seller or the buyer of the transaction.
  • Chief privacy officer of our company and his contact information are as follows.
  • Chief privacy officer: Tae In Kim (info@putonart.com)
  • A seller may inspect his or her registered personal information at any time and may request correction on the errors in the information. Company shall not utilize the information until correction is completed.
  • Company shall minimize the number of employees handling the seller information in order to protect such information, and shall be fully responsible for a seller’s damages caused by loss, theft, leak, and fabrication of his or her seller information due to Company’s intention or negligence.
  • In case of termination of service use contract, Company shall make it a rule to destroy the seller’s information. Provided, That this shall not apply if these exists any of the following subparagraphs. In such cases, Company shall utilize the seller information only for the purpose of preservation.
  1. If there is a need to preserve seller information due to the applicable legislations including Commercial Act, Act on the Consumer Protection in Electronic Commerce, Etc. and tax laws, Company shall preserve the information for the period designated by the legislations.
  2. If the service use contract of a seller who has a history of sales of the goods (including registration and sales) through the open market is terminated, Company shall preserve the minimally required information including ID, name or company name, contact information, address for delivery, and account information for transference of payment, etc. for 1 year after the termination of the contract in order to prevent the seller’s voluntary termination of the contract in order to deliberately evade provision of information on the parties of transactions and limitations under these terms.
  3. If Company terminates the contract or a seller was given suspension of his or her qualification due to the causes regulated from Article 7 to Article 9 of these terms, Company shall preserve the minimally required information including ID, name or company name, contact information, address, and information regarding termination and suspension of qualification, etc. for 5 years after the termination of the contract in order to confirm whether there exists any reason to deny the approval on re-registration.
  4. In case there exists any outstanding service fee of a seller to Company, Company shall preserve the minimally required information including ID, name or company name, contact information, and address, etc. until the collection is completed.
  5. In case Company specifies the terms of preservation when asking for a seller’s consent on collection of his or her information, Company shall preserve the information during the terms of preservation.
  • Company shall post its personal information protection policy regarding the protection and management of membership information on its website (http://www.putonart.com) for the awareness of members and those who wish to use Company’s services.

 

Article 12. Change in Seller Information

If there are any changes in the information registered at the time of submitting application, the seller shall immediately correct the information. A seller may change his or her seller information within our website. Provided, That ID, resident registration number (business registration number or corporate registration number), and name cannot be changed as a rule. The seller shall be fully responsible for any damages caused by his or her failure to correct the changes or by his or her wrong corrections, and Company shall not be held responsible for the matter.

 

Article 13. Management of ID

  • A seller is responsible for the management of his or her ID and password and cannot transfer or lend them to a third party.
  • Company shall not be responsible for any damages caused by leak, transfer, loan of ID or password.
  • If a seller becomes aware of the fact that his or her ID and password has been stolen or used by a third party, he or she shall notify to Company immediately and follow the instructions of Company.

 

Article 14. Denial of Agency or Guarantee

  • Company shall not perform on behalf of a buyer or a seller because Company shall only provide a marketplace online for a buyer and a seller to enter into transactions of the goods. In addition, any act of Company shall not be deemed as a performance on behalf of a seller or a buyer.
  • Company shall not guarantee the existence and authenticity of the will of sales or purchase, quality of the goods posted, integrity, safety, legitimacy and no violation of other relationship of rights and duties, and authenticity of the information which a seller has posted or of the information posted on URL linked to the information posted by a seller, and the seller shall be fully responsible for all the relevant matters and risks.
  • Company shall not control or limit the relevant information which a seller posts including the information of his or her goods. Provided, That in case Company considers the content of seller’s posting violates other’s reputation or rights, or applicable legislations and governmental policies, Company may delete the posting and take necessary measures including cancellation or suspension of sales.

 

Article 15. Duties of Sellers

  • A seller shall conduct registration of the goods for sale, management of sales process, fulfilling his or her contractual duties to the buyer, and post processing including withdrawal of offer or return according to these terms and the individual terms announced on the service screen by Company in advance.
  • A seller shall write and post proper responses to the inquiries regarding the goods as soon as possible.
  • In case a buyer request for a cancellation of purchase, a seller shall conduct guarantee service on the goods and services including cancellation of the purchase at his or her responsibilities and expenses.
  • Registration of the goods for sale shall follow the form given on the website, and Company may delete, cancel or choose not to mediate the sale of the particular goods and suspend the qualification as a seller or corporate seller goods if there exists any of the following subparagraphs.
  1. In case there exists registration against the given form or false and double registration, disguised registration for sales and obvious errors/inconsistencies in important sales information
  2. False registration only to use the credit card payment system
  3. Excessive false release or repetition of obvious false release
  4. If the expenses for customer service exceed the margin significantly and obviously for more than 2 months and a seller fails to correct the situation within 7 days after the Company’s warning.
  5. In case a buyer and Company cannot reach a seller when they tried to contact the seller for more than twice through the phone number or e-mail which the seller has entered, and the messenger provided by our website, etc.
  6. Uncooperative attitude of a seller in the course of processing customer’s complaints including expression of impersonal words.
  7. Wrong registration of category or double registration of the goods (an act of double registration of the goods refers to an act of registering the same goods repeatedly in order to monopolize the sales. It includes an act of registering similar goods with other’s name except simple differences in symbols, etc.)

4) A seller shall not register any phrases inducing direct transactions, limiting the legitimate rights of a buyer (including a right to withdraw his or her offer, etc.) or any illegal contents (including phrases, photos or explanations) when he or she registers the goods. If a seller violates it, Company may cancel/delete the goods and take necessary measures.

  • A seller shall always have the inventory of the goods posted as on sale or the goods which are expected to be on sale, and if normal delivery is expected to be difficult because the goods are out of stock, he or she shall immediately cease the sales of the goods. If the delivery of the goods already ordered is impossible because the goods are out of stock, a seller shall cease the sales of the goods, notify the fact to the buyer, and report to Company about the post processing.
  • In case of custom-made goods on sale or those expected to be on sale, a seller shall notify the completion of production and due date of dispatch to the buyer based on the quantity of production per day. Company shall provide services which enable posting of due date of dispatch based on the quantity of production per day on the page for detailed introduction of the goods. If the normal production and delivery of the custom-made goods are impossible due to lack of materials or other reasons, a seller shall cease the sales of the goods, immediately notify the fact to the buyer, and report to Company about the post processing.
  • A seller shall preserve the data specified by the applicable legislations including Act on the Consumer Protection in Electronic Commerce, Etc. regarding transactions on Company’s website.
  • A seller has an obligation to always renew his or her seller information to be the latest version for Company and member including potential buyers to contact with him or her, and in case of overseas business trip or travel, a seller shall do his or her best in good faith including looking for a person in charge of contact or posting his or her absence on his or her website, etc.
  • In case a certain qualification is required on the goods for sale including specific licensing, a seller shall satisfy/keep the requirements without any deficits, and shall be responsible for legal liabilities and a third party’s claim regarding the sales of the goods without meeting the requirements for licensing.
  • Company may request for data necessary for confirming the delivery goods information to a seller in case of a dispute between a seller and a buyer on the loss of the goods during shipping.

 

Article 16. Registration and Management of Goods information

  • A seller shall register the goods information including the image, name, price, specification, and features, etc. and information regarding sales including selling price, inventory, and shipping, etc. according to the form for registration of the goods provided by Company, and shall regularly manage the contents to accord with the truth. Company shall not change or delete the contents for the reasons other than those specified in these terms.
  • A seller shall guarantee the authenticity of the information which has an impact on the value of the goods including image, name, specifications, country of origin, manufacturer, date of manufacture, ingredients, capacity, and A/S, etc., and if there exists false information or he or she posts or aids false advertising, shall be responsible for civil and criminal liabilities including compensation for damages of Company or a third party caused by the seller’s action. Company shall not be responsible on behalf of or with a seller on the accuracy or legality of goods information even when Company received the information from a seller and agreed to the registration in advance, and a seller shall be fully responsible for it.
  • Regarding Paragraph ②, if Company is suspicious about the authenticity of goods information or considers the authenticity has a considerable impact on the value of the goods (such as expensive jewelry, food, etc.), Company may request for the following measures to a seller or take the measure by itself.
  1. Delay and cessation of exhibition and sales of the goods
  2. Requesting submission of documents in order to prove authenticity
  3. Change and deletion of goods information
  4. Deferring the payment of sales money
  • Company shall limit the number of registration through notifying to a seller in advance considering the efficiency of goods search, system overload, etc. In case a seller registers violates the limitation of the number of registration, Company may take necessary measures including ceasing the sale of the goods or deleting the information, and may suspend the seller’s qualification or limit his or her sales according to the number and degree of violation.
  • Company may utilize the goods information for advertising or other purposes when Company reveals the seller who registered the information or the source.

 

Article 17. Selling Price of the Goods and Service Fee

  • A seller decides the selling price of his or her goods. Provided, That in case of using a discount coupon, the selling prices shall be calculated based on the price which deducted the discount coupon.
  • Basic sales fee for sales shall be 35%, and the fee may be subject to changes if a seller additionally uses other services provided by Company. Company shall post the changed service fee due to additional use of Company’s services on the website or notify the fee to the seller through the methods specified in Article 10 for the seller’s awareness.
  • The service fee imposed by Company shall be divided into basic sales fee and other service fees, and the details of each service and service fee shall be posted on the service screen separately.
  • Additional service fee
  1. Some of the additional service fee provided by Company shall be imposed up front and shall not be refunded regardless whether the sales were accomplished or whether the goods were returned. Provided, That Company shall give a seller a refund when the registration of goods was not appropriately conducted, or the sales was canceled due to the defects in the services or information network provided by Company except cancellation of sales due to Company’s termination of service use contract and due to a seller’s violation of these terms.
  2. A seller may pay the additional service fee with the money in the seller’s virtual account in our website.
  3. In case of a seller’s advertisement, separate individual terms may be applied.
  • Basic sales fee
  1. Basic sales fee shall be 35% for all categories and shall be imposed on sellers for the goods sold through Company’s service.
  2. If a buyer purchases the goods or services using credit card or payment system provided by Company’s partnership, the service fee for the payment system shall calculated separately from basic sales fee.
  3. Basic sales fee shall be deducted at settlement. Provided, That in case of cancellation of sales, sales free shall not be imposed.
  • Company may establish or change the service fee if necessary and the establishment or changes shall be notified to sellers through the methods specified in Article 10.
  • Company may issue and apply discount coupons, and in case a buyer uses them, the sales fee shall be calculated based on the original selling price before the discount. Provided That, it shall not apply in case a seller issues discount coupons.

 

Article 18. Goods Unsuitable for Transactions

1)  Any of the following subparagraphs are goods unsuitable for transactions which shall be prohibited from registration and selling, and Company may preferentially decide whether the goods other than those specified below are unsuitable for transactions individually according to the applicable legislations or general practices, social norms and impose restrictions on them.

  1. Goods with false or exaggerated advertisements
  2. Goods violating other’s intellectual property rights including patent, trademark right, design right, utility model right, etc.
  3. Goods prohibited from mail order by the applicable legislations (such as alcohol, cigarettes, military supplies, weaponry, powered glasses or sunglasses, contact lenses, etc.)
  4. Goods without proper declaration, license, review, screening, and examination required by law
  5. Stolen goods or lost articles without legitimate ownership
  6. Pornography, harmful medicine, etc. which are against public order or good social custom
  7. Goods with the suspicion of purpose other than sale including credit card transactions, advertisements, publicity for cash flow, etc.
  8. Goods with obvious statement that it shall limit or refuse the buyer’s legitimate right to withdraw his or her offer
  9. Goods traded with different name, ingredients from those permitted from/declared to the authorities and goods prohibited or restricted from import/production/sales/distribution
  10. Goods considered to have the possibility of defaming Company’s reputation or credibility

2)  In case a seller registered goods unsuitable for transactions with his or her intent or negligence, Company shall immediately cease the sales of the goods and notify the fact to the seller. If Company considers the registration was conducted intentionally, Company may terminate the contract.

3)  In case the goods unsuitable for transactions were sold with his or her intent or negligence, Company shall immediately cease the sales of the goods and immediately terminate the contract. If there are penalty provisions for the sales of the goods, Company shall immediately report the fact to authorities.

  • Sales money of the goods unsuitable for transactions shall be governed by the applicable provisions, and if such provisions do not exist, it shall be refunded to the buyer. The goods unsuitable for transactions shall be governed by the applicable provisions, and if such provisions do not exist, it shall be collected and disposed by Company. In such cases, the seller cannot claim or exercise any property rights on the goods and shall bear the expenses spent for collection disposal.
  • In case the sales is deleted or ceased due to the registration of goods unsuitable for transactions, the registration fee and additional service fee used for the registration shall not be refunded, and the seller’s qualification as an open market seller may be restricted.
  • A seller shall be responsible for criminal liabilities on registration and sales of goods unsuitable for transactions and shall be also responsible for civil liabilities including compensation for damages of Company or a third party caused by the seller’s action.

 

Article 19. Shipment of Goods

  • A seller shall check the orders and their records within 48 hours (business day) from the time the payment was deposited at least once a day, and shall conduct order confirmation process on the order through the website. In case of custom-made goods, a seller shall notify the due date of dispatch to a buyer.
  • In case of shipment of inventory, a seller shall dispatch the ordered goods within 48 hours (business day) after order confirmation process. In case of custom-made goods, a seller shall dispatch the goods until the due date he or she notified to the buyer. If a seller fails to dispatch the goods within the designated time, he or she shall notify Company of the reasons for delay and new due date which is set through negotiation with the buyer.
  • A seller shall properly package the goods to prevent any damages of the goods in the course of shipping.
  • If a seller delivers the goods, the seller shall bear the risk until the buyer receives the goods. Therefore, a seller shall conduct proper measures including packaging, selection of delivery service companies, etc. for the buyer to receive the goods without any defects (damage, loss, decomposition).
  • Upon dispatching the goods, a seller shall immediately enter the necessary codes including the date of dispatch, waybill number, baggage number, cargo registration number, etc. for Company to confirm the information.
  • In case of dispute over the shipping of the goods traded through open market service among the seller and the buyer, delivery service companies, financial institutions, the parties involved shall resolve the dispute. Company shall not be involved in the process and shall not be responsible for the matter.

 

Article 20. Return and Exchange of Goods

  • The seller should respond to the purchaser’s exchange/refund requests according to the exchange/refund policies posted by the seller beforehand. Yet, the following cases are exceptions: product damages due to the purchaser’s fault; noticeable devaluation of products due to use or consumption; damage of packge of duplicable products; return is restricted the product, or 30days have passed without ‘confirm purchase’. Also, if the product differs from display or advertisement, the company may notify the seller of the detailed contents, reason and the subject of imputation via the website at the momet
  • A seller shall bear the expenses if return or exchange occurs due to the causes attributable to the seller as any of the following subparagraphs.
  1. If a seller dispatched different goods from the ordered goods
  2. If a seller dispatched defected goods
  3. If the goods were damaged during shipping
  4. If the cause of the return or exchange is considered to be attributable to the seller including recall of the goods due to the defects in safety
  5. In cases the product differs from display or advertisement
  • The party with the attributable cause shall bear the expenses required for return of the good.
  • Return and exchange of the goods shall be governed by the following provision.
  1. Company shall notify the seller of the application for return, and the seller shall notify Company of completion of collection of the good through the website after collecting the goods from the buyer. Otherwise, the state of the goods shall be automatically changed into completion of collection in 5 days after the delivery is completed.
  2. When return is made for exchange, the seller sends the new product to the purchaser according to the seller’s exchange policy.
  • A seller must state and explain the quality guarantee of the goods and A/S terms and conditions which are registered on the website, shall conduct the quality guarantee and A/S at his or her responsibilities and expenses, and shall be responsible for liabilities according to the applicable legislations if his or her quality guarantee and the A/S terms are insufficient compared to the standards required in the legislations. This paragraph shall apply in case of suspension of transaction/withdrawal of membership of sellers.
  • The return/exchange policy of this article overrides the seller’s return/exchange policy.

 

Article 21. Settlement of Payment

1)  Settlement of payment shall be conducted by the methods specified in the following.

  1. Settlement of payment refers to the procedure or result of deciding the amount of money Company shall make payment to a seller (hereinafter “amount of money to be deposited”)
  2. If the purchaser purchased via Paypal payment or (C) Danal, Npay, the company should give the amount to the seller’s Paypal account registered the next day the purchaser confirmed the purchase, or 30 days after the date of shipment.
  3. For sellers who use transaction payment guarantee, the company pays the first designated sellers account after the buyer pays, and the company attains the amount paid by the buyer.
  4. Company shall issue a tax invoice from the first day to the last day of the previous month on the first business day of each month through its website.

2)  The amount of money for payment shall be calculated through deducting the amount of money of the following subparagraphs from the sum of the remainder from the previous month and the amount of money whose purchases are confirmed this month.

  1. Amount of money deducting the sales fee from the selling price because the goods were returned and refunded during the settlement period after sales money having been already settled and given to the seller.
  2. Sum of service fees according to Article 17
  3. Amount of money suspended from settlement according to Article 23
  4. Sum of expenses for dispute and business loss according to Article 28 ⑥

3)  Purchase confirmation refers to the buyer’s declaration of his or her will to confirm the purchase through the form provided by Company including e-mail, etc. Provided, That if the buyer fails to express his or her will to confirm the purchase within 30 days from the payment date, Company may automatically change the state of the order into purchase confirmed from the next day.

  • Company shall notify the seller of the amount of money to be deposited through its website. The seller shall get the tax invoice within next 5 days and shall claim the payment of the amount of money to be deposited. If the seller fails to get the tax invoice within 5 days from the day of Company’s notice, the settlement of the month may be suspended. Provided, That in case of individual seller, he or she does not need to get tax voices.
  • In case the amount of money to be deposited is minus, it shall be carried forward to the next month. Provided, That if the amount of money to be deposited is minus for twice in a row, Company may request for a separate transfer of the money to the seller and the sales of the goods may be suspended until the transfer is completed.

 

Article 22. Suspension of Settlement

  • Company may deduct the expenses due to the causes attributable to the seller from the settlement, and after the termination of service use contract with a seller, Company may deposit a certain amount of money which accounts for a certain percentage of the seller member’s payment from the day of the termination and use it to pay for relevant expenses if a buyer requests for refund or exchange during this period.
  • If there is a court’s decision on provisional seizure, seizure and collection order, etc. by the application of creditor, Company may suspend settlement of selling price until the decision is dismissed due to the agreement between the seller and his or her creditor or the payment of the debt.
  • If there exists a legislation or a reasonable cause other than those specified in this Article (including the provision on the seller’s violation of duties), Company may notify the fact to the seller according to Article 10 and set off or withhold the settlement of all or part of the payment for a certain period of time.

 

Article 23. Notice Duty of Sellers

1)  In case of any of the following subparagraphs, a seller shall immediately change the information and submit the relevant documents including business registration certificate, etc.

  1. If there are changes in the information specified in business registration certificate including address, company name, CEO, etc.
  2. If there are changes in bank accounts, etc.
  3. If there are considerable changes in capital structure
  4. If an individual business changes into a corporate or if a corporate changes into an individual business
  5. If there are any other changes including phone number, cellphone number, e-mail address, etc.

2)   A seller shall be responsible for all the matters caused by delay and omission of objection

 

Article 24. Confidentiality

  • Each party shall not disclose the information which are secretly managed including the buyer information, technical know-how, production and selling plans, know-hows, etc. which has been obtained from the other party, and shall not use the information for the purposes other than the fulfillment of contractual obligations of service use contract.
  • A seller shall not contact with a buyer by phone or cellphone regardless of the transaction between them using the information of the buyer which he or she obtained through the transaction, and shall not sell or attempt to sell the goods through a direct transaction.
  • A seller shall thoroughly manage the security of seller ID and password, and shall not disclose them to a third party.
  • The obligations imposed on a seller in Paragraph ①, ② shall last for 3 years after the termination of the contract according to these terms.

 

Article 25. Product Liability

  • According to the provisions of Product Liability Act, a seller shall compensate for damages to the life, body or property of a person caused by a defect of a product, and in case Company called to account, a seller shall make Company exempted from such liabilities and compensate for the amount of compensation and expenses of Company if Company is found to be responsible for compensation.
  • A seller shall do his or her best to prevent any product liability by complying with the responsibility of a manufacturer specified in Product Liability Act including a duty of indication, etc.
  • A seller shall compensate for the Company’s damages if Company is found to be responsible to any associated institutions or a third party because of sales of goods without safety marks or various certification marks compelled by legislations.
  • The obligations of a seller specified in this Article shall last for 10 years after the termination of the contract.

 

Article 26. Use of Bulletin Board

1)  Principle in using bulletin board

  1. Company may operate bulletin boards for sellers to share knowledge or allow the sellers with certain qualification to operate them. Sellers may use the bulletin boards by consenting to these terms, and individual terms may apply to the operation of bulletin boards by sellers.
  2. The person who posted images, phrases and attachment files, etc. shall be fully responsible for civil and criminal liabilities regarding the postings such as violation of copyright, and Company shall not be responsible for it.

2)  Copyright of Postings

  1. Copyright of the posting registered at Company’s bulletin boards shall belong to the person who posted it unless it violates other’s rights.
  2. Company may utilize the posting for advertising or other purposes when Company reveals the copyright owner who registered the information or the source.

3)  Management of Posting

Company shall prohibit the registration of postings with any of the following contents, and may delete the posting, limit inspection, prohibit writing, or disqualify the seller status of the person who posted them without prior notice.

  • Contents which are against the public order and good morals
  • Posting, registration of illegal contents or pornography, or advertising of related goods, linking to another website
  • Contents which violates other’s right or personal information, reputation, credibility, and other legitimate interest
  • Contents related to any criminal acts
  • Contents with false or exaggerated advertisement
  • Contents which have the possibility of inducing religious, political, social disputes
  • Contents which induces malfunction of information and communication equipment or contains confusing computer virus or data
  • Contents inducing direct transactions by including information such as stores, contact information, etc.
  • Contents which are considered to interrupt the smooth process of Company’s open market service or other business
  • Contents which are deemed to have no objective relevance or have considerably little relevance to the goods
  • Contents which violate the legislations of Korea

 

Article 27. Exemption of Company

  • The parties of a transaction, the seller and the buyer, shall be responsible for management of sales process, the seller’s fulfillment of contractual obligations to the buyer, shipping of the goods, withdrawal of offer or necessary post processing including return, dispute resolution over the defect of the goods because the Company’s service only provides the marketplace online and additional information for sellers and buyers. Company shall not be involved in the process and shall not be responsible for it.
  • Company shall be exempted from any liabilities for failure to provide services temporarily or permanently if there exists natural disaster or force majeure corresponding to it, maintenance, replacement or breakdown of information and communication facilities. In such cases Company shall notify the fact to members through posting it on the screen of its website or other methods.
  • Company shall not be responsible for the service errors due to the causes attributable to an internet user or a seller.
  • Company shall not be responsible for the buyer’s damages (including product liability) caused by the defect of the goods traded through Company’s open market service, errors or omissions in the registered goods information, etc.
  • Company shall not be responsible for the damages of a seller or a buyer caused by his or her trust in the authenticity of information, data, or materials posted by other sellers or users.
  • In case a third party claims or files a lawsuit against Company due to any of the causes in the following subparagraphs, a seller shall make Company exempted at his or her expenses, and shall compensate for the amount of compensation, litigation expenses (including legal fee and cost of litigation), expenses for advertisement and announcement which Company has spent and business loss.
  1. Posting false of exaggerated goods information
  2. Registration or sales of goods unsuitable for transactions
  3. Product liability
  4. If a seller violates other’s legitimate rights or applicable legislations

 

Article 28. Jurisdiction

In case of a dispute over the differences in interpretation between the terms and conditions and the translated version, the Korean terms and conditions shall have precedence over the other, and Korean law shall be the governing law in the interpretation of the service use contract between Company and a user, interpretation of transaction between a buyer and a seller, and the competent court.