Put on Art Inc. Terms of Use for General Users

 

Article 1. Purpose

Article 2. Definitions

Article 3. Clear Statement, Explanation and Amendment of the Terms, etc.

Article 4. Provision and Change of Service

Article 5. Provision of Information

Article 6. Duties of Company

Article 7. Duties of Users

Article 8. Postings of Members

Article 9. Suspension of Service

Article 10. Registration of Membership

Article 11. Withdrawal and Disqualification of Membership, etc

Article 12. Notification to Members

Article 13. Purchase Application

Article 14. Establishment of Contract

Article 15. Payment Methods

Article 16. Denial of Agency or Guarantee

Article 17. Receipt Notification, Changer of Cancellation of Purchase Application

Article 18. Delivery of the Goods

Article 19. Refund, Return and Exchange

Article 20. Withdrawal of Offer, etc

Article 21. Effect of Withdrawal of Offer, etc

Article 22. Protection of Personal Information

Article 23. Duties of a Member on His or Her ID and Password

Article 24. Attribution of Copyright and Limitation of Utilization

Article 25. Resolution of Disputes

Article 26. Jurisdiction and Governing Law

 

Article 1. Purpose

The purpose of this terms and conditions (hereinafter “terms”) are to regulate rights, duties and responsibilities of the cybermall and a user in using “internet related services (hereinafter “services”)” provided by “Put On Art Cybermall (hereinafter “mall”) operated by “Put On Art (hereinafter “Company”).”

Article 2. Definitions

  • The term “mall” means virtual place of business where Company 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 “user” means a member or non-member who accesses and receives services provided by the “mall” according to the terms.
  • The term “member” means a person who has registered for the membership at the “mall” and may continually use the services provided by the “mall”.
  • The term “non-member” means a person who uses the services provided by the “mall” without registering for the membership.
  • The term “open market” means all of the services and related additional services which provide transaction place online where a seller and a buyer may enter into transaction of sales of goods through Company, and also means the first screen or shopping service of our website (putonart.com).
  • The term “seller” means a person who approved of this terms and the terms and conditions for open market sellers and 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 intent of selling them.
  • 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, and means all buyers including both members and non-members.

Article 3. Clear Statement, Explanation and Amendment of the Terms, etc.

  • Company shall notify the contents of this terms, trade name, name of CEO, address of the business office, contact information (phone number, fax number, e-mail address, etc.), business registration number, mail order business registration number, name of privacy officers, etc. on the initial service screen (full page) of the mall for user’s convenience. Provided, That Company may allow users to see the contents of the terms through a connected screen.
  • Company may amend this terms within the scope of the applicable legislations including 「Act on the Consumer Protection in Electronic Commerce, Etc.」, 「Act on the Regulation of Terms and Conditions」, 「Framework Act on Electronic Documents and Transactions」, 「Electronic Financial Transactions Act」, 「Digital Signature Act」, 「Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.」, 「Act on Door-to-Door Sales, Etc.」, 「Framework Act on Consumers」, etc.
  • 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.
  • In case of Company amending the terms, the amended terms shall be applied to the contracts concluded after its enforcement date and the previous terms shall be applied to the contracts already concluded. Provided, That if a user who has already concluded a contract transmits his or her will to be applied by the amended terms to Company within the announcement period of amended terms in Article 3 and gets Company’s consent, the amended terms shall be applied.
  • Matters not states in this terms and the interpretation of the terms shall be governed by the applicable legislations including Act on the Consumer Protection in Electronic Commerce, Etc., interpretation of government agencies or general commercial customs.

 

Article 4. Provision and Change of Service

1) Company provides services as follows.

  • Shopping service (including open market service)
  1. Provision of information on the goods or services and mediation of purchase contracts
  2. Provision of cyber transaction place and related additional services for a buyer and a seller to enter into transactions of sales of goods based on their free wills.
  3. Provision of services for conclusion of sales contracts and protection of purchases
  • Other businesses which Company decides

2) In case of shopping service, Company shall only provide the tools necessary for improving the stability and credibility of the transaction between a buyer and a seller, and the parties of the transaction shall be responsible for any incidents related to the transaction concluded between them.

Article 5. Provision of Information

1) Company may provide diverse information which is deemed to be necessary for using our services for our members through e-mails, mails, and etc.

2) Company may set the credit rating of members based on their trade performance, etc. and grant different benefits to each rating, and may announce about it separately.  Provided, That if a user’s membership is suspended according Article 11, the benefits including credit rating shall be extinguished and shall not be restored in case of re-registration of membership.

3) Company shall suspend a user’s membership and conduct procedures including providing information (reporting) to the relevant institutions in case Company confirms a user’s violation of applicable legislations or considerable possibility of such violation.

4) Company shall not guarantee credibility of a user’s use leading to errors caused by his or her access through the channels other than the website stated in Article 2 (1) which is directly operated by Company or through other domains.

Article 6. Duties of Company

1) Company shall not conduct any acts either prohibited by legislation and the terms or against public order and good morals, and shall do its best to provide continuous and stable services as stated in the terms.

2) Company shall be equipped with security system for protection of personal information (including credit information) in order to allow users to use the internet service safely.

3) Company shall comply with the applicable legislations, and shall do its best to resolve any complaints arising from using the services provided by Company.

Article 7. Duties of Users

Users shall not conduct any of the following acts.

  • Registering false content at registration or revision or using other’s personal information, credit and financial information, contact information, ID (including nickname) illegally
  • Revising or attempting to deliberately revise the information posted on Company’s website
  • Transmission or posting of information (virus program, etc.) other than the information Company has designated
  • Violating intellectual property rights of Company or a third party including copyrights, etc.
  • Defamation or interruption of business of Company or a third party
  • Disclosing or posting pornographic or violent messages, images, voices, and information against public order and good morals on the Company’s website.
  • Purchasing goods only for resale or false sales against the service policy of Company
  • Using various event services (discount coupons, etc.) conducted by Company for users against the service policy of Company
  • Using credit cards for cash flow, requesting for transactions subject to sanctions by Financial Supervisory Service or investigative agencies or refusing to the Company’s legitimate request for submission of relevant documents
  • Repeating impersonal words including swearing, sexually inappropriate expressions and actions which induces fear including ostentation of his or her power which considerably go beyond the reasonable scope in the course of Company’s process of customer’s complaints
  • Having direct transactions of the goods or services which a user became aware of through Company with a seller
  • Attempts to purchase the goods or services whose distribution is prohibited or restricted online according to the legislations.

Article 8. Postings of Members

1) Company may delete a member’s postings or services he or she registered (including links) without prior notification and may take necessary measures if the content of them are deemed to be any of the followings.

(1) When the contents slanders and defames other members or a third party

(2) When the contents are against the public order and good morals

(3) When the contents are deemed to be related to any criminal acts or to have the possibility of religious, political, social disputes

(4) When the contents violate the rights of Company or a third party including copyrights

(5) When a member posts pornographic contents or links pornographic websites on Company’s website or bulletin boards

(6) When the contents are deemed to have no objective relevance or have considerably little relevance to the screen they are posted (irrelevant advertisements, etc.)

2) Company shall not be responsible for the damages caused by a seller or a user trusting the accuracy of information, data or facts which other sellers or users posted.

Article 9. 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 the provision of services is temporarily suspended due to the reasons stated in paragraph 1), Company shall notify the users of the fact through the method stated in Article 12.
  • Company shall not compensate for the damages a user or a third party has suffered caused by the temporary suspension of services due to the reasons stated in paragraph 1) when Company has no intent or negligence.

Article 10. Registration of Membership

  • A user may apply for registration of membership by entering the membership information according to the registration form given by Company and giving consent to the terms.
  • Company shall register the users who have applied for registration according paragraph 1) as members if he or she does not come under any of the following subparagraphs.
  1. If an applicant has lost his or her membership previously by Article 11 2) of the terms. Provided, That this shall not apply if the applicant gets Company’s approval for re-registration at the mall after 3 years of losing his or her membership by Article 11 2).
  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.
  • The establishment time of registration contract shall be the point when Company’s consent reaches the member.
  • If there are changes in the matters registered at the time of registration, the member shall immediately notify the changes to the mall by methods such as revision of membership information, etc.
  • In case of shopping service, a corporate must register for membership as a business member, and an individual shall register for membership as a business member if he or she wishes to use the services as an individual business. In such cases, provision of evidential materials and additional information shall be required.

Article 11. Withdrawal and Disqualification of Membership, Etc.

  • A member may request for a withdrawal to Company at any time, and Company shall process his or her withdrawal of membership immediately. The member shall, however, complete, withdraw or cancel any sales or purchase procedures of goods before notifying his or her will to withdraw the membership. In such cases, the member shall be fully responsible for any disadvantages caused by withdrawal or cancellation of sales and purchases.
  • If a member comes under any of the following causes, Company may limit or suspend his or her membership.
  • Registering false contents when applying for registration
  • 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
  • Threatening the order of electronic commerce by interrupting others’ use of Company or using other’s information illegally
  • Using Company to conduct a deed either prohibited by legislation or this terms, or against public order and good morals
  • Using other’s personal information illegally, using false contact information or using it illegally, or deliberately ceasing contact with Company and users
  • Other occasions where a member deliberately interrupts Company’s business
  • In case a member comes under any of the subparagraphs of either Article 7 or Article 8
  • 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 membership, Company may disqualify him or her from membership.
  • Company shall expunge his or her membership registration in case of disqualification. In such cases, Company shall notify it to the member and grant him or her an opportunity to explain at least more than 30 days prior to the expunction. Provided, That in case of a member subject to any of the subparagraphs of paragraph 2), Company shall possess the member’s information for 3 years from the date of his or her disqualification.
  • The terms and conditions for open market sellers shall be applied to the regulations on the limitation and suspension of seller qualification.
  • In case this term’s application is terminated due to a member’s withdrawal or disqualification, his or her credit rating and resulting benefits shall be automatically extinguished and shall not be restored in case of re-registration of membership.

Article 12. Notification to Members

  • In case Company notifies to a member, the notification can be done by e-mail address which was submitted to Company by the member.
  • Company may replace individual notifications to many and unspecified members with posting on Company website’s bulletin board for more than 1 week. Provided, That if the notification is about matters with significant impact on transactions of the member, Company shall notify the member individually.

Article 13. Purchase Application

A user shall apply for a purchase according to the following or similar methods on the mall.

  • Selection of the goods, etc.
  • Confirmation of user information and delivery information, selection of payment option
  • Confirmation of purchase information and requesting consent of Company or a seller, etc.

Article 14. Establishment of Contract

A seller or Company shall consent to a user’s purchase application unless his or her application comes under any of the followings.

1) False contents, omissions, or typographical errors on the application

2) Minor purchasing the goods or services prohibited in Juvenile Protection Act including cigarette, alcohol, etc. or violating an age limit of legislations

3) Other occasions where consenting to the application is deemed to be considerably difficult due to Company’s technical limitations

4) Other occasions where there are violations of the applicable legislations or the governmental guidelines or Article 7 or Article 8 of the terms

Article 15. Payment Methods

A user may choose from any of the following subparagraphs on the payment methods of the goods or services he or she has purchased from Company or a seller.

  • various transfer of funds according to the current legislations
  • Various card payment including prepaid cards, debit cards, credit cards, etc.
  • Online deposit without a bankbook
  • Payment by electronic financial transaction means approved/distributed by applicable legislations
  • Other payments designated by Company
  • Payment by gift card which Company has concluded a contract with or approved of
  • Payment by other electronic payment methods, etc.

Article 16. Denial of Agency or Guarantee

1) Company’s open market service shall only provide transaction place online and other additional information, and the parties of the sales contract of goods, the seller and the buyer, shall be responsible for conducting the management of sales, fulfilling duties to the buyer, delivery of the goods, withdrawal of the offer or necessary post processing including return of the goods, resolving disputes over the defects of the goods, etc. Company shall make it a rule not to involve in these matters and shall not be responsible for the relevant matters.

2) Company shall not guarantee the intent and authenticity 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 posting on the website linked through the information, and the member who posted the information shall be fully responsible for all the relevant matters and risks.

3) Company’s open market service shall have the status of mail order mediator according to Act on the Consumer Protection in Electronic Commerce, Etc.

4) Company shall not apply the relevant protective measures for buyers regulated in the applicable legislations and the terms (including Company’s individual terms and conditions) including deposit of payment in case a buyer directly carry on transactions with a buyer.

Article 17. Receipt Notification, Change or Cancellation of Purchase Application

  • In case of a buyer’s purchase application, a seller and Company shall send a receipt notification to the buyer.
  • If the buyer with receipt notification has a disagreement on the declaration of will, he or she may request for change or cancellation of purchase application immediately after receiving receipt notification, and Company shall take immediate measures according to the request if the buyer’s request was made prior to the delivery. Provided, That in case the buyer has already made his or her payment, Article 20 regulating the withdrawal of offer shall be applied.
  • In case of the buyer’s request for change or cancellation of purchase application prior to the delivery, the seller and Company shall take immediate measures according to the request. Provided, That in case of custom-made goods, the request for change or cancellation of purchase application shall not be allowed.
  • The seller and Company shall consider the purchase contract to be cancelled without separate procedure of confirming the buyer’s intent if the deposit of payment is not confirmed within 7 days from the date of purchase application.

Article 18. Delivery of the Goods

  • When the payment is completed according to the user’s order, Company shall take necessary measures for the seller to check the purchase information, and the seller shall deliver the goods according to the purchase information.
  • The seller shall take measures to deliver the goods, etc. within 10 business days from the date of payment in case there is no separate agreement or contract on the time of supply of the goods between the seller and the buyer.
  • The seller shall state the delivery transportation, the person responsible for the expense for each transportation, and delivery period for each transportation. If the delivery is delayed due to the seller’s intent or negligence, the seller may compensate for the buyer’s damages. Provided, That this shall not be applied if the seller proves that he or she had no intent or negligence.
  • The seller shall entrust the delivery to delivery service companies whose delivery can be proved or traced according to the purchase order after properly packaging the goods to prevent its damages in the course of delivery.
  • Company may conduct combined delivery, overseas delivery through business partnership with a third party.

Article 19. Refund, Return and Exchange

  • If the seller cannot deliver or provide the goods which the user applied for purchase due to the causes including being out of stock, the seller shall immediately notify the fact to the user and shall take necessary measures for refund of the payment within 3 business days from the date of the payment if the user has made payment previously.
  • The refund, exchange, and return of the goods purchased through Company’s open market may be limited after the purchase confirmation procedure, and the seller and the purchase shall handle the relevant matters through direct negotiations.
  • Company shall consider that the buyer has the will to confirm his or her purchase if there is no declaration of will of purchase confirmation, exchange or refund from the buyer within 30days after the date of payment, and may change the transaction status as automatic purchase confirmation, and may conduct its role as a mail order mediator including making payment to the seller.
  • The party with the attributable cause shall bear the expenses required for return including round-trip shipping charges, etc., and the seller who designated the delivery company with the attributable cause shall be responsible for compensation of buyer’s damages due to the delivery problems.
  • In case of the order-made goods -listed on the product details as order-made goods- return and exchange may be restricted due to the individual seller’s policy unless they do not have a curse such as wrong delivery or incorrect production.

Article 20. Withdrawal of Offer, Etc.

1) The buyer who concluded a contract with the seller on the purchase of the goods may withdraw his or her offer within 7 days from the day of receiving the written contract according to Article 13 (2) of Act on the Consumer Protection in Electronic Commerce, Etc. (in case the supply the goods was later than receiving the written contract, 7 days from the day of the beginning of supply of the goods). Provided, That if there are different regulation in Act on the Consumer Protection in Electronic Commerce, Etc., the Act shall be applied.

2) The buyer cannot request for return or exchange of the goods if he or she comes under any of the following subparagraphs.

(1) Where the goods have been destroyed or damaged due to a cause attributable to the buyer (Provided, That if the buyer damaged the packaging in order to check the contents of the goods, he or she may withdraw the offer.)

(2) Where the value of the goods has substantially decreased due to a cause attributable to the buyer

(3) Where the value of the goods has substantially decreased as to cause difficulty in resale due to the elapse of time

(4) Where the package of the original goods which can be reproduced has been destroyed

(5) Where the product detail pages mention the goods are order-made and the sellers confirm the purchase after the buyer purchases.

3) In case of Subparagraph 2 to 4 of Paragraph 2), the buyer’s right to withdraw his or her offer shall not be limited if the seller or Company did not previously state the fact that withdrawal of offer shall be limited on the place where the consumer may easily spot or take measures including provision of sample product, etc.

4) Despite the regulations of Paragraph 1) and 2), if the contents including the goods are different from the statement or advertisement or fulfilled differently from the contract, the buyer may withdraw his or her offer within 3 months after receiving the goods, within 30 days after he or she became aware of or had the possibility of knowing the fact.

Article 21. Effect of Withdrawal of Offer, Etc.

  • In case the seller received the goods from the buyer, he or she shall refund the payment of the goods already received within 3 business days. In such cases, if Company or the seller delays the refund of the goods, interest in arrear shall be given to the buyer for the delay which is calculated by multiplying the rate of interest in arrear stated in Article 21-2 of Act on the Consumer Protection in Electronic Commerce, Etc. Regulations.
  • If the user made the payment with payment methods such as credit cards or electronic money, Company shall immediately request for suspension or cancellation of the billing for the payment to the business operator who provided the payment method.
  • The buyer shall bear the expenses required for the return of the goods he or she received in case of withdrawal of offers. The seller shall not demand penalty for breach of contract or compensation to the buyer based on the withdrawal of offer. Provided, That, in case the buyer withdrew the offer because the contents including the goods are different from the statement or advertisement or fulfilled differently from the contract, the seller shall bear the expenses required for the return of the goods.
  • In case the buyer bore the expenses for delivery when he or she received the goods, the seller shall clearly mark the information on who shall bear the expenses for the return of the goods in case of withdrawal of offer for the buyer.

 

Article 22. Protection of Personal Information

  • Company shall collect only the minimum personal information within necessary scope for provision of services.
  • Company shall not collect the information necessary for fulfilling the purchase contract in advance at the time of registration of membership. Provided, That, this shall not be applied if there is a need to collect minimum, specific personal information for identification prior to a purchase contract in order to comply with the applicable legislations.
  • Company shall notify the purpose of collection and utilization of personal information to the user and ask for his or her consent in such cases.
  • Company cannot use the collected personal information for the purposes other than those with the user’s consent, and if there is a new purpose of utilization or is a need to provide the information to a third party, Company shall notify the fact to the user in the utilization and provision stage and ask for his or her consent. Provided, That, this shall not be applied if the applicable legislations regulate otherwise.
  • In case Company needs the user’s consent due to Paragraph 2) and 3), Company shall announce or notify the matter regulated in Article 22 (2) of Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. including the information of the chief privacy officer (department, name and phone number, contact information), 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), etc. in advance, and the user may withdraw his or her consent at any time.
  • A user may inspect or correct his or her registered personal information at any time and Company shall take immediate measures. If a user requests correction on the errors in personal information, Company shall not utilize or provide relevant personal information until correction is completed.
  • Company shall minimize the number of employees handling the personal information of users for protection of such information, and shall be fully responsible for the user’s damages caused by loss, theft, leak, provision to a third party without his or her consent, fabrication, etc. of his or her personal information including credit cards, bank accounts.
  • Company or the third party which received the personal information from Company shall destroy the information immediately after accomplishing the purpose of collection or provision.

 

Article 23. Duties of a Member on His or Her ID and Password

  • A member is responsible for the management of his or her ID and password except the cases stated in Article 17.
  • A member shall not let a third party use his or her ID and password.
  • If a member 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 24. Attribution of Copyright and Limitation of Utilization

  •  Copyright of the posting registered at Company shall belong to the person who posted it unless it violates other’s rights.
  • Copyright and other intellectual property rights of the posting written by Company shall belong to Company.
  • Users are not allowed to use or let a third party use the information which he or she obtained by using Company’s services for duplication, transmission, publication, distribution, broadcasting, etc. for profit without Company’s consent in advance.
  • Copyright of the posting registered at Company which was created by a member shall belong to the member, and the member shall be fully responsible for any incidents caused by the posting violating other’s intellectual property rights.
  • In case a member requests for deletion of the work which he or she created and posted, Company shall delete it immediately. Provided, That if the member does not ask for its deletion, Company shall keep the posting.
  • Company shall suspend or delete the posting of a member if there is a complaint from a third party arguing that the posting violated his or her copyright or other rights.

Article 25. Resolution of Disputes

1)  Company shall install and operate a customer service center for protection of rights and interests of users according to the applicable legislations and Company policies in order to reflect reasonable opinions or complaints from users and to compensate for the damages.

2) Company shall process the complaints and opinions submitted by our users preferentially. Provided, That if there are difficulties to process the matters promptly, Company shall notify the causes and the schedule for the process immediately to resolve the disputes as soon as possible.

3) In case of user’s request for damage relief regarding the dispute over e-commerce between Company and the user or between the seller and the buyer, Company may inform the application for mediation of a dispute mediation committee requested by Fair Trade Commission, a mayor or a governor.

 

Article 26. Jurisdiction and Governing Law

1)  A jurisdiction for a lawsuit between Company and a user regarding a dispute over e-commerce shall be designated according to the user’s address at the time of filing of the lawsuit, and if user’s address is not available, a district court which has the jurisdiction over his or her dwelling place shall have an exclusive jurisdiction. Provided, That if the user’s address or dwelling place is unclear or the user has a foreign resident at the time of filing of the lawsuit, the lawsuit shall be filed to the competent court according to Civil Procedure Act.

2) 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. Korean law shall be the governing law of the e-commerce lawsuit filed between Company and a user.