- 1. Purpose -
This agreement is for the right, duty, and responsibility of this online shopping mall, serviced through internet(will call as 'service') by the Little Monica(will call as 'mall') and the users.
※「This agreement takes affect on all sales through PC, wireless etc if it stays on these condition.」
① "Mall" is a cyber shop where the company uses computer and other communication system to sell goods or services(will call as goods).
② "User" is a member or non-member who connects to the "mall" and uses the services provided, according to the agreement.
③ "Member" is someone who had given their personal information to the "mall", and has rights to receive informations from the "mall", and is able to use the sevices that the "mall" provides continuesly.
④ "Non-member" is someone who uses the services that the "mall" provides without registering.
- 3. Explanation of the agreement -
① The "mall" provides all the information the user needs on the first page of the cyber shop. Such as phone number, e-mail address, register-code for sales, register code for cyber sales, representative of privacy management, etc. But, the details of the agreement can be placed on another page connected with link.
② The "mall" needs to provide a link page or pop-up page explaining about those important details about returing goods by change of mind, responsibility for shipping, condition of refund, etc for the users to check before they agree with the agreement.
③ The "mall" can adjust this agreement within the boundries of the laws such as 'laws for the users of cyber shop', 'regulation of agreements', 'basic laws of cyber sales', 'laws for using information technology', 'laws for door-to-door sales', 'laws for protecting consumers', etc.
④ If the "mall" is adjusting the agreement, the "mall" is to anounce the date it starts to take affect and the reason of adjusting on the first page from 7 days ahead untill the day it takes affect.
But, if the adjustment is disadvantageous to the users, it has to be announced at least 30 days ahead. In this case, the "mall" has to show the difference between before and after the adjustment clearly to the users.
⑤ When the "mall" adjusts the agreement, the contract concluded before the day the adjusted agreement takes affect has to have the old agreement applied to it. But when the customer wants to have the newer agreement applied to his/her contract, he/she has to contact the "mall" and have the "mall"'s approval within the dates of announcement mentioned in ④.
⑥ We follow the laws of 'laws for the users of cyber shop', 'regulation of agreements', 'laws for protecting online consumers', and other related laws and ordinances for any other rules or laws that are not mentioned in this agreement and analysis of this agreement.
- 4. Providing service and alteration -
① The "mall" has the following job.
1. Providing information about the goods and concluding purchase contract.
2. Shipping goods that has been concluded.
3. Other jobs that the "mall" has determined.
② The "mall" is able to adjust the information of the goods and services due to the absence of stock or technical adjustment. In this case, the information about the adjusted goods and services must be announced on the page with the date.
③ If the purchse contract of goods has already been concluded, and has to change the information due to the absence of stock or technical adjustment, the "mall" notifies the consumer with reachable address.
④ In the case above, the "mall" recompensate to the consumer's loss. But the "mall" does not have to if it can prove that it was not by its intention, or its fault.
- 5. End of service -
① The "mall" can temporarilly stop the service due to repairing, examining, replacing, or disorder of computer, disconnection of any kind information technology system.
② The "mall" has to recompensate to any loss of customer or third party with the reasons above. But the "mall" does not have to if it can prove that it was not by its intention, or its fault.
③ In the case of not being able to provide the service any longer with reasons such as change of business, resignation of business, uniting company with other's, etc, the "mall" notifies customers with the rules mentioned in - 8 -. But if the "mall" did not mention about the standard of compensation, the "mall" gives corresponding valued goods or cash of the customer's mileage or points.
- 6. Registering -
① Users can make an application to register by filling in all the required information and declaring to agree with this agreement.
② The "mall" accepts all users applying as ① unless the following cases.
1. If the user has once lost the qualification of membership according to - 7 - ③ before. But this does not take affect if it has been more than 3 years and had an approval from the "mall" to be able to regain the membership.
2. If there are false information in the application form, missing information, or error.
3. If the "mall" decides that registering membership is technically not available.
③ Completion of registering is after the "mall"'s approval.
④ If there is any change of information according to - 15 - ①, the user has to inform the "mall" immediately by using e-mail or any other method of communication.
- 7. Withdrawal of membership and disqualification -
① Member can always request the "mall" for his/her withdrawal and the "mall has to approve it immediately.
② When the member corresponds with following situaions, the "mall" can limit or suspend the membership.
1. Registered false information when apply for membership.
2. Payment for goods that the "mall" had provided is not made in time.
3. Disturb or interrupt other users using the services of the "mall" or using others' personal informations or any act that's against the laws of online sales.
③ The "mall" can disqualify the member when he/she repeats the unqualifiable behavior more than twice or is not corrected after the "mall" has limited or suspended the membership according to the rules.
④ When the "mall" disqualifies the member, it has to obliterate the application. In this case, the "mall" must notifies the member and give him/her a chance to explain him/herself at least 30 days.
- 8. Notifications for members -
① When the "mall" sends notifications, it can send it to the e-mail address the member provided before.
② The "mall" can substitute the e-mail notification for unspecified large number of members to the notification on the "mall"'s notice board for more than a week. But, must give an individual notice if it has an affect on the member's transaction.
- 9. Request of purchase -
The user of the "mall" can use the following methods for purchasing. The "mall" has to provide the following information so that the users understands. But 2 and 4 can be excluded for members.
1. Searching and selecting goods and services.
2. Input of name, address, telephone number, e-mail address(or mobilephone number) etc
3. Checking of all details of agreement, services with limitation of refund, shipping fee, etc. that has expense.
4. Agreement with this agreement and indicating that the user has read and understood or denying. (Yes, mouse click)
5. Purchasing request and confirmation about the request or confirmation of the "mall"'s approval.
6. Choice of payment.
- 10. Completion of contract -
① Even thogh the user has made a purchase request, the "mall" can deny the request in the following cases. But, the "mall" has to state that the legal representative of the under aged user or the user him/herself can cancel the contract when his/her legal representative does not give an approval.
1. False information, omission, or error in request.
2. Under aged user buying cigarettes, alcohol, etc that are against the teenage protection laws.
3. If the "mall" decides that appoving for the request is technically not available.
② The end of the contract is when the "mall" notifies that the customer has received the goods or services according to -12 - ①.
③ When the "mall" declares approval, it has to state information such as recheck of the request, availablity of stock, change of request, etc.
- 11. Method of payment -
Payment for goods that the "mall" provides can be made with any of following methods. But, the "mall" cannot request extra fees from the user in any reason.
1. Phone banking, internet banking, e-mail banking etc all kinds of bank transaction.
2. Pre-paid card, debid card, credit card etc all kinds of cards.
3. On-line money transaction.
4. Payment with electronic money.
5. Payment when receiving the goods.
6. Payment with mileage or points etc that the "mall" has given.
7. Coupon or gift ticket that has contract with the "mall" or is approved by the "mall"
8. Any other electronical payment methods.
- 12. Confirmaion notice, change of purchase request and cancelation -
① The "mall" is required to send confirmation notice for user's purchase request.
② When there is anything incorrect with the confirmation notice the user is able to request for correction immediatly, and the "mall" has to accept and follow the correction. But if the payment has already been made, we follow the rules of -15 -.
- 13. Shipping of goods -
① If there is no notification ahead about the shipping period, the "mall" prepares all the manufacture on demand, packing, etc to be able to ship within a week from the purchase request. But if the payment is fully or partially not made, ship it within 2 working days from the day of full payment.
② The "mall" states all methods of shipment, fee for each method, shipping period of each method, etc. If the shipment has exceeds the information stated, the "mall" has to recompensate all the loss of the user. But, the "mall" does not have to recompensate if it can prove that it was not its intension or fault.
- 14. Refund -
If the goods are not able to be provided to the user, the "mall" has to send notification to the user immediatly. If the payment is already been made, refund or prepare to refund it within 2 working days.
- 15. Cancellation of contract etc -
① The user who made a contract to buy goods from the "mall" can request cancellation within 7 days after the "mall" sends the confirmation notice.
② If it corresponds to at least one case of the following, refund is not available.
1. If the good is damaged by the user.(But, if the packing is damaged to check it, refund is available.)
2. If the value of the good has decreased by the use or expenditure of the user.
3. If the value of the good has decreased by the time pass.
4. If the good is something copyable or reproductable and the packing is damaged or removed.
③ If the "mall" did not indicate that there is limitaion of cancellation in somewhere the user can see easily, the limitation does not take affect in the cases of ② 2, 4.
④ If the good is different from the details indicated, the advertisement, or from the contract, the user can request for cancellation within 3 days from the day received, or 30 days from the day it's been found.
- 16. Affect of cancellation of contract -
① If the good is returned to the "mall", the refund has to be made within 3 working days. If there is a delay, the "mall" has to calculate and add the interest for the delay according to the rules of the Fair Trade Commission.
② If the user requested for cancellation and made his/her payment with such as credit card or electronic money, the "mall" contacts the company which provides the according service and stop or cancel the transaction immediately.
③ The user pays all the shipping fees or other fees that occurs during the return of goods during the cancellation. The "mall" does not charge the user for any extra fees or recompensation for the cancellation. The "mall" pays for the shipping fees or other fees that occurs during the cancellation, if it is due to the difference of the goods or services from the details indicated, advertisement, or contract.
④ The "mall" indicates clearly that who is responsible for the fees for cancellation when the user purchases goods.
- 17. Privacy -
① The "mall" collects the minimum personal information from the user for the purchase contract. The following details are necessary, other than these are optional.
2. Citizenship registration number(for members) or foreigner registration number
4. Telephone number
5. ID(for members)
6. e-mail address(for members)
② The "mall" has to get user's approval before collecting identifiable personal information.
③ The information collected from the users cannot be used for any other purpose or provide it to the third party. If so, the "mall" is responsible for it. But the following cases are exceptional.
1. Providing the minimum information to the shipping company for shipping(name, address, telephone number, etc).
2. Providing it without the indentifiable personal information for gathering statistics, researches, market research, etc.
3. Settling accounts for goods sold.
4. In case of checking the user him/herself for preventing others using ID inappropriately.
5. In case of laws or unavoidable reasons by laws.
④ The "mall" has to indicate or notify identity of the person in charge of the privacy(position, name, telephone number, and other contact the user to get approval for ② and ③.
⑤ The user has the right to request to see or change his/her personal information that the "mall" has, and the "mall" has the responsibility to show or fix the information immediatly. When the user requests to fix it, the "mall" does not use the old information until it is fixed.
⑥ The "mall" selects minimum number of workers to be responsible for all the personal information, such as credit card, bank account etc to prevent loss, theft, outflow, forgery, etc.
⑦ The "mall" or the third party who gained the personal information from the "mall" has to destroy the personal information after the reason for collection has done.
- 18. Duty of the "mall" -
① The "mall" is responsible for following the rules set by the law and by this agreement, and try the best to provide the goods as continuesly and stably as possible.
② The "mall" needs to have a system to protect personal information of the users.
③ The "mall" need to recompensate to user's loss by the unreasonable indication and/or advertisement according to laws of indication and advertisement.
④ The "mall" does not send any kind of undesirable e-mail advertisement to the users for profit-making purpose.
- 19. Responsibility of ID and password for users -
① The user has the responsibility of ID and password other than - 17 -.
② The user must not let other person or people use his/her ID or password.
③ If the user's ID and password has been stolen or found out that someone else is using it, the user informs to the "mall" immediatly and follow the "mall"'s guidance if any.
- 20. Duty of user -
The user must not do as follow.
1. Giving false information at register or fixing.
2. Using other's personal information.
3. Changing informations indicated on the "mall".
4. Sending or posting information other than which is indicated by the "mall".
5. Violating copyright of the "mall" or of the third person.
6. Interrupting the work of the "mall" or defaming third person.
7. Posting any files such as message, movie, voice, etc that are indecent or harmful on the board or any other place of the "mall".
- 12. Relationship of linking "mall" and linked "mall" -
① When a "mall" and another "mall" is linked by hyperlink(ex. letters, photo, movie, etc), the first "mall" is linking "mall", and the later "mall" is linked "mall"
② The "mall" does not take guarantee responsibility of goods that the linked "mall" provides, if it is indicated in the linking "mall" or by the pop-up page during the connection to the linked "mall".
- 22. Belonging of copyright and limitation of usage -
① The "mall" has the copyright to all the works such as photos, writings, movies, etc that the "mall" posts and/or anything selected by the "mall"
② The user cannot use anything which belongs to the "mall" by the laws of copy rights for any profit-making reason without permission such as copy, transmit, publish, distribute, broadcast, etc or let a third person use it.
③ The "mall" notifies the user if it is using user's property
- 23. Trouble solution -
① The "mall" should run a system for taking users' advices or complaints, reflect and recompansate about the loss.
② The "mall" handles the advices and/or complaints as soon as possible. But if it will take some time to handle, the reason and the period should be notified to the user.
③ If there is a trouble between the "mall" and the user and if the user requests for clearance, the rules of Fair Trade Commission or an organazation trusted by it can be applied.
- 24. Jurisdiction and proper law -
① Lawsuit about the trouble between the "mall" and the user will be taken to the court of user's address at the time of contract, if the user does not have the address of his/her own, it will be taken to the district court where controls the residence. But if the address of the user is certain or is foreign country resident, the case will be taken to the court according to the rules of civil affairs.
② Korean rules will be applied to all lawsuits for troubles between the "mall" and the users.
Additional rule(date of operation) this agreement will take affect from year month day.