Terms and Conditions

Article 1 (Purpose)
The purpose of the Terms and Conditions is as follows: the use of internet-related services (hereinafter referred to as “service”) provided by Coffee Libre’s cyber shopping mall (hereinafter referred to as “shopping mall”) operated by Coffee Libre Branch (Geomsan). (e-commerce business) and the rights, obligations, and responsibilities of the users of the “shopping mall.”
 

 The Terms and Conditions shall apply mutatis mutandis to e-commerce through the use of PC communication, wireless, etc., as long as it does not go against its nature.
 
 

Article 2 (Definition)

 “Shopping mall” shall refer to the cyber shopping mall operated by Coffee Libre Branch (Geomsan). It provides goods and services (hereinafter referred to as “goods, etc.”) to consumers by using information and communication facilities such as computers. It refers to a virtual business place that is set up for trading. It is also used to describe a type of business that operates a cyber shopping mall.

 “User” refers to members and non-members who access the “shopping mall” and receive the “goods, etc.” in accordance with the Terms and Conditions.
 “Member” refers to a person who has registered an account with the “shopping mall” and can continuously use the services that are provided.
 “Non-member” refers to a person who uses the “goods, etc.” provided by the “shopping mall” without registering as a member.

 

 

Article 3 (Specification, Explanation, and Amendment of the Terms and Conditions)

 “Shopping mall” refers to the content of the Terms and Conditions, the name of the company and representatives, business address (including address where customer complaints can be handled), phone number, fax number, email address, business registration number, mail-order business report number, and the person in charge of managing personal information. This content shall be posted on the initial service screen (front) of the “shopping mall” to make it easy for users to find. Users can view the Terms and Conditions through the connection screen.

 The “shopping mall” shall provide a separate connection screen or pop-up screen before the user agrees to the Terms and Conditions. This is to ensure that the user can understand all important content such as the withdrawal of subscription, delivery responsibility, refund conditions, etc.
 The “shopping mall” may amend the Terms and Conditions to the extent that it does not violate the following relevant laws: the Consumer Protection in Electronic Commerce, Etc. Act, the Regulation of Terms and Conditions Act, the Framework Act on Electronic Documents and Electronic Transactions, the Electronic Financial Transaction Act, the Electronic Signature Act, the Promotion of Information and Communications Network Utilization and Information Protection, Etc. Act, the Door-to-Door Sales, Etc. Act, and the Consumer Basic Act.
 The date of application and reason(s) for the amendment shall be specified and notified along with the current Terms and Conditions on the initial screen of the “shopping mall” when any changes or revisions are made. This shall be done seven days before the date of application.

However, notice must be given at least 30 days in advance if the content of the Terms and Conditions is changed in an unfavorable manner for the users.

The “shopping mall” shall clearly compare the content before and after the revision(s) and display it in an easy-to-understand manner for users.

 Any revisions made to the Terms and Conditions by the “shopping mall” shall only apply to contracts created after the effective revision date. The provisions of the Terms and Conditions set in place before the revisions shall be upheld for any contracts that have already been created before the effective revision date.

However, if a user who has already entered into a contract with the “shopping mall” states that they would like to be subject to the provisions of the amended Terms and Conditions, the “shopping mall” shall oblige the user. Notice of the revised Terms and Conditions shall be given pursuant to Paragraph 3

 Regarding matters not stipulated in the Terms and Conditions as well as the interpretation of said Terms and Conditions, refer to the Consumer Protection in Electronic Commerce, Etc. Act, the Regulation of Terms and Conditions Act, or the Guidelines for Consumer Protection and Related Laws or Commercial Practices in E-Commerce, Etc. as stipulated by the Fair Trade Commission. 

 

 

Article 4 (Provisions and Changes of Service)

 The “shopping mall” shall agree to the following tasks:
   1. Provision of information on “goods, etc.” and creation of a purchase contract;  

   2. Delivery of “goods, etc.” for which a purchase contract has been created; and/or
   3. Other duties determined by the “shopping mall.”
 
 The “shopping mall” may change the content of the “goods, etc.” to be provided in future contracts if said “goods, etc.” are out of stock or if there is a change in technical specifications.

In this case, the content of the changed “goods, etc.” as well as the date of provision shall be specified. Users shall immediately be notified of these changes in the place where the content of the current “goods, etc.” is posted.  

 If the content of the “goods, etc.” contracted with the user to be provided by the “shopping mall” is changed due to reasons such as being out of stock or changes in technical specifications, users shall immediately be notified of the reason(s) through the proper point of contact for the user.
 The “shopping mall” shall compensate the user for any damages caused by the items of the preceding paragraph. However, this shall not be the case if the “shopping mall” is able to prove that there was no ill intent or negligence.

 

 

Article 5 (Suspension of Service)
 The “shopping mall” may temporarily suspend the provision of services in the event of maintenance, inspections, replacement or breakdown of information and communication facilities such as computers, or an interruption in communication.

 The “shopping mall” shall compensate the user or third party for damages suffered from the temporary suspension of the provision of services due to the reasons specified in Paragraph 1.

However, this shall not be the case if the “shopping mall” is able to prove that there was no ill intent or negligence.

 In the event that service cannot be provided due to a conversion of business items, abandonment of business, integration between companies, etc., the “shopping mall” shall notify users in the manner stipulated in Article 8. Users shall be notified by the “shopping mall” of compensation according to the conditions presented.

If the “shopping mall” does not notify users about the compensation standards, etc., the mileage or reserve shall be paid to the user in a form of goods or cash that corresponds to the currency value used in the “shopping mall.”

 

 

Article 6 (Membership)

 Users can apply for membership by entering their information according to the registration form set by the “shopping mall” and expressing their intention to agree to the Terms and Conditions.

 The “shopping mall” shall register users who have applied for membership as described in Paragraph 1, unless they fall under any of the following subparagraphs:

  1. In the event that the applicant has previously lost their membership under Article 7 (3) of the Terms and Conditions. (The exception to this shall be if three years have elapsed since the loss of membership.);

2. If there is an error, omission, or false information entered in the registration details; and/or
  3. If it is judged that registering the user as a member will significantly impede the technology of the “shopping mall.”

 The time of establishment of the membership contract is when the consent of the “shopping mall” reaches the member.

 The user shall notify the “shopping mall” of any changes made to the information entered upon registration within a reasonable period of time. 

 

 

Article 7 (Member Withdrawal, Loss of Qualifications, Etc.)

 Members may request a withdrawal of registration from the “shopping mall” at any time. The “shopping mall” shall immediately process the withdrawal of said membership.
 The “shopping mall” may limit or suspend membership if it falls under any of the following:

  1. If false information was entered upon registration; 

  2. If the member has not paid any debts borne in relation to the use of the “shopping mall” or made payment on any “goods, etc.” purchased through the “shopping mall;”

3. If the member has threatened the order of e-commerce such as interfering with other people’s use of the “shopping mall” or stealing the information; and/or

  4. If the member has used the “shopping mall” to conduct an act prohibited by law, the Terms and Conditions, or contrary to public order and morals.


 The “shopping mall” shall cancel a user’s membership if they repeat the same act two or more times after having their membership restricted and/or suspended by the “shopping mall” or if the cause has not been corrected within 30 days.

 The “shopping mall” shall process any membership cancellations if the membership is disqualified by the “shopping mall”.

If this occurs, the member shall be notified and given an opportunity to explain the matter. The member shall have a period of at least 30 days before their membership is cancelled.

 

 

Article 8 (Notifying Members)
 The “shopping mall” may send notices to members through their designated email addresses.

 The “shopping mall” may substitute individual notices by posting a notice on the official bulletin board for at least one week for notices that need to be shared with a large number of unspecified members.

However, individual notices shall be given for matters that have a significant impact on the member’s own transactions.

 

 

Article 9 (Purchase Application)

 Users of the “shopping mall” shall make purchases by the following or similar methods. The “shopping mall” shall provide the following information to users in an easy-to-understand manner when a user makes a purchase:
   1. Search and selection of “goods, etc.;”
   2. Enter the recipient’s name, address, phone number, email address (or mobile phone number), etc.;

   3. Confirm the content related to the cost burden such as the content of the Terms and Conditions, services with limited right to withdraw subscription, shipping charges, and installation fees;

   4. Indicate that the user agrees to the Terms and Conditions and confirm or reject the items as listed in #3 (e.g. mouse click);

   5. Purchase the “goods, etc.” and receive confirmation from the “shopping mall;” and

   6. Selection of payment type.

 If it becomes necessary for the “shopping mall” to provide or entrust the purchaser’s personal information to a third party, the purchaser’s consent must be obtained at the time of the actual purchase application. Comprehensive consent is not obtained in advance when users register for memberships. 

In this case, the “shopping mall” shall tell the purchaser what personal information will be used, the recipient, how the purchaser’s personal information will be used by the recipient, and the period of retention and use.

However, all provisions in the relevant laws and regulations shall be followed when processing personal information according to the business entrustment pursuant to Article 26 of the Personal Information Protection Act.

 

 

Article 10 (Establishment of Contract)

 The “shopping mall” may not accept the purchase application of the user as stated in Article 9 if it falls under any of the following subparagraphs.

However, in the case of entering into a contract with a minor, the “shopping mall” must notify the minor and their legal representative that the contract may be cancelled if consent of the legal representative is not obtained. 

  1. If there is an error, omission, or false information entered in the registration details;

  2. When a minor purchases “goods, etc.” prohibited by the Youth Protection Act such as tobacco or alcohol; and/or

  3. If it is judged that accepting the other purchase requests will significantly impede the technology of the “shopping mall.”

 A contract is deemed to have been established when the consent of the “shopping mall” reaches the user in the form of a receipt confirmation notice under Article 12 (1).

 The expression of consent of the “shopping mall” must include the following information: the confirmation of the user’s purchase application, availability of sale, and the correction or cancellation of the purchase application.

 

 

Article 11 (Payment Methods)
 Users can use any of the following available payment methods for “goods, etc.” purchased through the “shopping mall.”

However, the “shopping mall” cannot collect any nominal fees in addition to the price of “goods, etc.” for the payment method chosen by the user.

  1. Various account transfers such as phone banking, internet banking, and mail banking;

  2. Various card payments such as prepaid cards, debit cards, and credit cards;

  3. Online direct deposit;

  4. Payment by electronic money;

  5. Payment upon receipt;

  6. Payment by points paid by the “shopping mall” such as mileage;

  7. Payment by gift certificate contracted with the “shopping mall” or recognized by the “shopping mall;” and/or

  8. Payment by other electronic payment methods, etc.

 

 

Article 12 (Notice of Receipt Confirmation - Change and Cancellation of Purchase Application)

 The “shopping mall” shall notify the user of the receipt confirmation when said user has made a purchase request.

 In the event that there is a discrepancy in the expression of intent, the user who received the receipt confirmation notice may request to change or cancel the purchase application immediately upon receiving the notice. The “shopping mall” shall process the request without delay if said request is made before delivery.

However, the provisions regarding the withdrawal of subscription, etc. in Article 15 shall apply if payment has already been made.

 

 

Article 13 (Supply of Goods, Etc.)

 Unless there is a separate agreement between the “shopping mall” and the user regarding the time of supply of the “goods, etc.,” the “shopping mall” shall customize orders and take all necessary measures to ensure the “goods, etc.” are delivered within seven days of the user’s subscription.

However, if the “shopping mall” has already received all or part of the payment for the “goods, etc.,” measures shall be taken within three business days of the date of receiving all or part of the payment.

In this case, the “shopping mall” shall take the appropriate measures to give users the opportunity to check the supply procedures and progress of “goods, etc.”

 The “shopping mall” shall specify the delivery method for the “goods, etc.” purchased by the user, the person responsible for the delivery cost for each method, and the delivery period for each method. 

If the “shopping mall” exceeds the agreed delivery period, it must compensate the user for damages.

However, this shall not be the case if the “shopping mall” is able to prove that there was no ill intent or negligence.

 

 

Article 14 (Refunds)
 
If the “shopping mall” is unable to deliver or provide the “goods, etc.” that the user has purchased due to them being out of stock, etc., the “shopping mall” shall notify the user of the reason without delay. In the event that the price of “goods, etc.” has been received in advance, the “shopping mall” shall refund the user or take the necessary measures for a refund within three business days from the date of the receipt of payment.

 

 

Article 15 (Withdrawal of Subscription, Etc.)

 Users who have entered into a contract for the purchase of “goods, etc.” with the “shopping mall” may withdraw their subscription within seven days from the receipt of “goods, etc.” (If the supply of “goods, etc.” is made later than the document was received, this shall refer to the day on which the “goods, etc.” were received.) This shall be written in the contract pursuant to Article 13 (2) of the Consumer Protection in Electronic Commerce, Etc. Act.

However, the provisions in the Consumer Protection in Electronic Commerce, Etc. Act shall apply in regards to the withdrawal of subscription.
 Users cannot return or exchange “goods, etc.” if they fall under any of the following conditions:

   1. If the “goods, etc.” are lost or damaged due to reasons attributable to the user. (However, this shall not be the case if the packaging was damaged so the user could check the condition of the “goods, etc.”);

   2. If the value of the “goods, etc.” has significantly decreased due to use or partial consumption;  

   3. When the value of “goods, etc.” has significantly decreased to the extent that they are too difficult to resell due to the passage of time; and/or
   4. If it is no longer possible to reproduce the “goods, etc.” with the same performance (such as if the original packaging has
 been damaged).
 In the case of Paragraph 2 (2, 4), the “shopping mall” must take the following measures before placing a restriction on the withdrawal of subscription: place information in a place that is easy for users to find or offer trial products.

 Notwithstanding the provisions of Paragraphs 1 and 2, the user may withdraw their subscription if the content of the “goods, etc.” is different from what is displayed/advertised or services are performed differently from the contract. This shall be done within 30 days of the user discovering the discrepancy or within three months from the date the “goods, etc.” were supplied.

 

 

Article 16 (Effect of Withdrawal of Subscription, Etc.)
 The “shopping mall” shall refund the cost of “goods, etc.” already paid within three business days of receiving the returned “goods, etc.” from the user. 

If the “shopping mall” delays the refund of “goods, etc.” to the user, a delayed interest rate as stipulated in Article 21 (2) of the Enforcement Decree of the Consumer Protection in Electronic Commerce, Etc. Act.

 When refunding a user who has paid for the “goods, etc.” with a credit card or electronic money, the “shopping mall” shall promptly send a request to the operator who provided the payment method or cancel the charge for the “goods, etc.”
 In case of a withdrawal of subscription, the cost required to return the supplied “goods, etc.” shall be borne by the user.

The “shopping mall” will not claim a penalty or compensation for damages from the user for the reason of withdrawal of subscription, etc.

However, if the content of the “goods, etc.” is different from what was displayed/advertised or if anything in the contract was performed differently and the user chooses to withdraw from subscription, the cost necessary to return the “goods, etc.” shall be borne by the “shopping mall.”

 The “shopping mall” shall clearly indicate the party that is responsible for shipping costs when the user wishes to withdraw from subscription. This information shall be placed in an area that is easy for users to find.  

 

 

Article 17 (Protection of Personal Information)
 The “shopping mall” shall collect the minimum amount of personal information to the extent necessary to provide services when collecting said personal information of users.

 The “shopping mall” will not collect any information that is necessary for the execution of the purchase contract at the time of membership registration in advance.

However, this shall not be the case where identification is required prior to a purchase contract in order to fulfill the obligations under the relevant laws and regulations. In this case, the minimum amount of specific personal information shall be collected.

 The “shopping mall” shall notify the user of the purpose of collecting and using personal information and shall obtain consent from the user. 

 The “shopping mall” cannot use the collected personal information for any purpose other than what the information was collected for. The user shall be notified of the purpose of use and provision when a new purpose of use occurs or when information is provided to a third party.

However, there are exceptions if there are other provisions in the relevant laws and regulations.

 In the event that the “shopping mall” needs to obtain the user’s consent pursuant to Paragraphs 2 and 3, it must specify or notify the matters stipulated in Article 15 (2) of the Personal Information Protection Act in advance. This shall include the identity (affiliation, name and phone number, other contact information) of the person in charge of managing personal information, the purpose of the collection and use of personal information, and matters (recipient, purpose of provision, information to be provided) related to the provision of information to a third party. The user can withdraw this consent at any time. 

 Users may request to view and correct errors in their personal information held by the “shopping mall” at any time. The “shopping mall” shall be obliged to take necessary measures without delay.

The “shopping mall” shall not use personal information if a user submits such a request until the error has been corrected.

 The “shopping mall” shall limit the number of persons who handle the user’s personal information to a minimum for the protection of personal information. The “shopping mall” shall take full responsibility for any damages to the user due to the loss, theft, leakage, provision to a third party without consent, alteration, etc. of the user’s personal information including credit card and bank account.
 The “shopping mall” or third party who has received personal information shall destroy it without delay when the purpose of collecting or receiving personal information has been achieved.

 The “shopping mall” will not set the consent column for the collection, use, and provision of personal information in a place where it can be selected by users in advance. 

In addition, the user’s service provision such as membership registration shall not be restricted or rejected on the grounds that the user refuses to consent to the collection, use, and provision of personal information 

 

 

Article 18 (Obligations of the “Shopping Mall”)

 The “shopping mall” shall not engage in acts prohibited by laws and regulations, the Terms and Conditions, or anything that is contrary to public order and morals. The “shopping mall” shall do its best to continuously and stably provide “goods, etc.” as stipulated in the Terms and Conditions.

 The “shopping mall” must have a security system to protect the personal information of users (including credit information) so that users can safely use the provided internet services.

 The “shopping mall” shall be responsible for compensating users for damages incurred due to the improper display and advertisement as prescribed in Article 3 of the Fair Display and Advertisement Act. 

 The “shopping mall” shall not send unsolicited commercial emails for commercial purposes.

 

 

Article 19 (Member ID and Password Obligations)
 Except in the case of Article 17, the member shall be responsible for managing their own ID and password.

 Members shall not allow a third party to use their ID and/or password.

  • The member shall notify the “shopping mall” immediately upon recognizing that their ID and/or password has been stolen or used by a third party. The member shall follow all of the instructions of the “shopping mall” if provided by the shopping mall.

 

 

Article 20 (User Obligations)

Users shall not conduct any of the following: 

1. Registration of false information at the time of application or change;

2. Theft of personal information from others;

3. Change of information posted on the “shopping mall;”

4. Transmission or posting of information (computer programs, etc.) other than those specified by the “shopping mall;”

5. Infringement of intellectual property rights such as copyrights of the “shopping mall” and other third parties;

6. Acts that damage the reputation of the “shopping mall” or other third parties or interfere with business; and/or

7. The act of disclosing or posting obscene or violent messages, images, audio, or other information that goes against public order and morals on the “shopping mall.”

 

 

Article 21 (Relationship Between the Connected “Shopping Mall” and the Connecting “Shopping Mall”)

 The higher connecting shopping mall and the lower connected shopping mall shall be linked by a hyperlink (e.g. the hyperlink target shall include text, pictures, and moving images). The former shall be connected to the website of the “shopping mall” while the latter will be referred to as the connected shopping mall.

 The connected mall shall not be held responsible for guaranteeing user transactions of “goods, etc.” that are independently provided by the connecting mall. This shall be specified on the initial screen of the connecting mall or through a pop-up screen at the time of connection. The connecting mall shall not assume any warranty responsibility for the transaction.

 

 

Article 22 (Restrictions on Attribution and Copyright Usage)

 Copyrights and other intellectual property rights for works created by the “shopping mall” shall belong to the “shopping mall.”

 Users may not copy, transmit, publish, distribute, or broadcast information obtained by using the “shopping mall” without receiving prior consent from the “shopping mall.” It must not be used by a third party or for commercial purposes, broadcasting, or other such methods.

 In accordance with the contract, the “shopping mall” must notify a user when it uses a copyright that belongs to said user.

 

 

Article 23 (Dispute Resolution)

 The “shopping mall” shall reflect the legitimate opinions or complaints raised by users and install and operate a damage compensation processing organization to compensate for any damages.

 The “shopping mall” shall place top priority when handling complaints and opinions submitted by users. 

However, if prompt processing is difficult, the “shopping mall” shall immediately notify the user as to the reason for the delay in processing as well as the estimated processing schedule.

 Requests submitted by a user for damage relief in relation to an e-commerce dispute between the “shopping mall” and the user may be subject to mediation by the Fair Trade Commission or a dispute mediation agency commissioned by the mayor of the city or the governor of the province.

 

 

Article 24 (Jurisdiction and Governing Law)

 Litigation regarding e-commerce disputes between the “shopping mall” and users shall be based on the address of the user at the time of filing. If there is no address, the district court that holds jurisdiction over the place of residence shall have exclusive jurisdiction.

However, if the address or residence of the user is not clear at the time of filing or if the user resides in a foreign country, the complaint shall be submitted to the competent court under the Civil Procedure Act.

 Korean law shall apply to e-commerce lawsuits filed between the “shopping mall” and users.

 

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