Terms of Use

Avenue Chiett Terms of Use

Article 1 (Purpose)

The purpose of the terms and conditions of this document is to define the rights, obligations, and responsibilities of cyber malls and users in using Internet based services ("Services") provided by PLCOSMETIC Co., Ltd. ("Mall") operated by PLCOSMETIC Co., Ltd.

「The terms and conditions apply to e-commerce using PC communication or wireless communication unless its characteristics change.」

 

Article 2 (Definition)

① The term "Mall" refers to the virtual business establishment where PLCOSMETIC Co., Ltd. trade and offer its goods and services (“Goods”)using information and communication devices such as computers to users, and is also used in the sense of a business operator operating a cybermall.

② The term "User" refers to a member or non-member who accesses the "Mall" and receives services provided by the "Mall" in accordance with these terms and conditions.

③ The term "Member" refer to an individual person who registered (deleted) as a member of the "Mall" and can continuously use the services provided by the "Mall."

④ The term "non-member" refers to an individual who is not registered as a member of the “Mall” but uses the services provided by the "Mall."

 

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

① The "Mall" will post the contents of the terms and conditions, name of the representative, address of the business location (including the address of the place where consumers can handle their complaints), phone number, e-mail address, business registration number, mail order number, and personal information manager on the initial service screen (home). However, the contents of the terms and conditions can be viewed by the user through the connection screen.

② "Before the user agrees to the terms and conditions, the Mall shall provide a separate connection screen or pop-up screen to help the user understand important items such as cancellation of account, delivery responsibility, and refund conditions.

③ The "Mall" may amend the terms and conditions to the extent that it does not violate relevant laws, such as the Act on Consumer Protection in Electronic Commerce, the Framework Act on Electronic Documents and Electronic Transactions, the Electronic Signature Act, the Act on Information and Communication Network Utilization, the Act on Door-to-Door Sales, and the Framework Act on Consumers.

④ If the "Mall" amends the terms and conditions, such amendments shall be posted on the initial screen of the Mall with the current terms and conditions from 7 days before the enactment date to the day before the enactment date. However, if amendments of the terms and conditions are disadvantageous to the user, a grace period of at least 30 days must be made. In such case, the "Mall" shall clearly compare the contents before and after the amendment and mark them for user's convenience.

⑤ If the "Mall" amends the terms and conditions, the amended terms and conditions shall apply only to contracts made after the enactment date, and the terms and conditions before the amendment shall apply to contracts already concluded. However, if a user who already signed a contract sends his/her intention to be subject to the amended terms and conditions to the "Mall" within the notice period of the amended terms and conditions under paragraph (3), the amended terms and conditions apply.

⑥ For matters not prescribed in the terms and conditions of this document, the Consumer Protection Act in Electronic Commerce, the Regulation of Terms, etc. and the Consumer Protection Guidelines in Electronic Commerce and Related Acts or Commercial Practices set by the Fair Trade Commission.

 

Article 4 (Provision and Change of Service)

① The "Mall" shall perform the following tasks:

  1. Provide information on goods or services and concluding a purchase contract
  2. Deliver goods or services with a purchase contract signed
  3. Other duties prescribed by the "Mall"

② The "Mall" may change the contents of goods or services to be provided by a contract to be signed in the future in the event of a shortage of goods or services or change in technical specifications. In such cases, the contents of the changed goods or services and the date of delivery shall be specified and the contents of the current goods or services are immediately notified to the place where they are posted.

③ If the contents of the service contracted by the user to be provided by the "Mall" changed due to reasons such as out of stock of goods, or changes in technical specifications, the reason shall be notified to the user immediately.

④ In the case of the preceding paragraph, the "Mall" shall compensate for any damage incurred to the user. However, this is not the case if the "mall" proves that the damage incurred was not intentional or due to negligence.

 

Article 5 (Termination of Service)

① The "Mall" may temporarily suspend the provision of service in the event of maintenance inspection, replacement, failure, or loss of communication of information and communication devices such as computers.

② The "Mall" shall compensate for damages incurred to the user or a third party due to the temporary suspension of services due to the reasons stated in paragraph (1) above. However, this is not the case if the "Mall" proves that the damage incurred was not intentional or due to negligence.

③ If the service cannot be provided due to the change of business items, abandonment of business, or integration between companies, the "Mall" shall notify the user by the method described in Article 8 and compensate the consumer according to the conditions originally set by the "Mall". However, if the "mall" does not notify the compensation standard, the user's mileage or reserves will be paid to the user in kind or cash corresponding to the currency value used in the "Mall."

 

Article 6 (Membership)

① The user applies for membership by filling out the membership application according to the application form presented by the "Mall" and expresses his/her intention to agree to the terms and conditions presented.

② The "Mall" shall be registered as a member from among users who have applied for membership as referred to in paragraph (1) unless:

  1. Where an applicant for membership has previously lost his/her membership pursuant to Article 7 (3) of the terms and conditions in this document, except when he/she obtained consent to join the membership of the "Mall" three years after the loss of his/her membership under Article 7 (3).
  2. If there is a false, omission, or erroneous information entered by mistake during registration
  3. If it is deemed that registration as a member is significantly hindered by the technology of the "Mall"

③ The time when the membership contract is established is the time when the consent of the "Mall" reaches the member.

④ If there is a change in the matters registered at the time of membership registration, the member shall notify the "Mall" of the change within a considerable time by modifying the his/her member information.

 

Article 7 (Cancellation of Account and Loss of Qualification)

① Members can request cancellation of account from the "Mall" at any time, and the "Mall" shall process cancellation requests promptly.

② If a member falls under any of the following, the "Mall" may restrict and suspend his/her membership:

  1. If false information is registered at the time of applying for membership
  2. If payment for goods purchased using the "Mall" and other debts borne by the members in connection with the use of the "Mall" are not paid on the due date
  3. If a threat is made to disturb the order of e-commerce, such as interfering with other user’s use of the "Mall" or stealing information
  4. If an act is prohibited or contrary to public order and customs by using the "Mall"

③ After the "Mall" restricts or suspends membership, and if the user commits the same act more than twice or the reason is not corrected within 30 days, the "Mall" can terminate the user’s membership.

④ If the "Mall" cancels the user’s membership, membership registration is canceled. In such case, the member shall be notified and given an opportunity to explain at least 30 days before the member registration is canceled.

 

Article 8 (Notice to Members)

① If the "Mall" make a notice to members, it shall be made via e-mail addresses designated by the member in advance through discussions with the "Mall".

② The "Mall" can be substituted for individual notices by posting them on the bulletin board of the "Mall" for at least one week in case of notification to an unspecified number of members. However, individual notifications shall be made for matters that have a significant impact on individual member's transaction.

 

Article 9 (Purchase Application)

① The user of the "Mall" shall apply for purchase on the "Mall" in the following or similar manner, and the "Mall" shall provide following information in an easy-to-understand manner when the user applies for purchase: (Deleted)

  1. Searching and selecting goods
  2. Entering recipient's name, address, phone number, e-mail address (or mobile phone number)
  3. Confirming the terms and conditions, services with limited subscription withdrawal rights, and the cost of shipping and installation
  4. Agreeing to the terms and conditions and confirming or rejecting the matters in paragraph 3. above (e.g., mouse click)
  5. Applying for purchase of goods, and agreeing to confirm the "Mall"
  6. Selecting payment method

② If the "Mall" needs to provide and entrust personal information of the buyer to a third party, it must obtain the buyer's consent when applying for the actual purchase, and it shall not receive a comprehensive consent in advance such as when signing up for a membership. The "Mall" shall specifically indicate the personal information provided, the purpose of use of personal information by the recipient, and the retention and use periods of personal information by the recipient. However, if there are other provisions in related laws, such as entrustment of handling personal information under Article 25 (1) of the Information and Communication Network Utilization Promotion and Information Protection Act, the corresponding term shall be applied.

 

Article 10 (Contract Establishment)

① The "Mall" shall not accept an application for purchase as prescribed in Article 9 if the application falls under any of the following. However, if a contract is concluded with a minor individual, the minor or the minor’s legal representative must be notified that the contract can be canceled if the consent of the legal representative is not obtained.

  1. If there is a false, omission, or erroneous information in the application
  2. If a minor purchases goods and services prohibited by the Juvenile Protection Act, such as cigarettes and alcoholic beverages
  3. If it is deemed that consenting to the purchase application is significantly hindered by the "Mall" technology

② The contract shall be deemed to have been concluded when the consent of the "Mall" reaches the user in the form of a receipt confirmation notice under Article 12 (1).

③ The expression of intention to accept the "Mall" shall include information on the confirmation of the user's purchase application, the availability of sale, cancellation of correction of the purchase application, etc.

 

Article 11 (Payment Method)

The payment method for goods or services purchased at the "Mall" shall be made by any of the following available methods. However, the "Mall" cannot add any nominal fee to the payment of goods, etc. for the user's payment method.

  1. Transfer of various accounts such as phone banking, Internet banking, and email banking
  2. Payment of various cards such as prepaid card, debit card, credit card, etc.
  3. Online bank transfer
  4. Payment by electronic money
  5. Payment upon receipt
  6. Payment by points paid by the "Mall," such as mileage
  7. Payment by gift certificate entered into a contract with the "Mall" or accepted by the "Mall"
  8. Payment by other electronic payment methods

 

Article 12 (Notification of Receipt and Change and Canceling of Purchase Application)

① The "Mall" shall notify the user of the receipt of the purchase application.

② If there is a discrepancy in the expression of intention, the user can request change or cancellation of the purchase application immediately after receiving the notification. If the user makes a cancelation request before delivery, the "Mall" shall process the request without delay. However, if the payment has already been made, the request shall be processed according to Article 15 on withdrawal of subscription.

 

Article 13 (Provision of Goods)

① The "Mall" shall take necessary measures such as custom-made, packaging, etc. so that the user can deliver the goods within seven days from the date of application, unless there is a separate agreement with the user regarding the delivery period of the goods. However, if the "Mall" already received all or part of the payment for the goods, measures shall be taken within three business days from the date of receipt of all or part of the payment. The "Mall" shall take appropriate measures to enable users to check the provision procedures and progress of goods, etc.

② The "Mall" specifies the delivery method, the person responsible for the delivery cost by means, and the delivery period by means for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, the user shall be compensated for the damage caused by it. However, this is not the case if the "Mall" proves that the damage was not intentional or due to negligence.

 

Article 14 (Refund)

The "Mall" shall notify the user without delay if the goods that the user has purchased cannot be delivered or provided due to reasons such as being out of stock, and shall refund or take necessary measures within three business days from the date of receipt of payment.

 

Article 15 (Cancellation of Contract)

① A user who entered into a contract with the "Mall" to purchase goods, may cancel his/her contract within seven days from the date on which he/she received the contract under Article 13 (2) of the Act on Consumer Protection in Electronic Commerce, etc. (if the provision of goods is made later than when he/she received the document). However, if there are other provisions in the "Act on Consumer Protection in Electronic Commerce, etc." regarding the cancellation of contract, it shall be in accordance with the provisions of the same Act.

② A user shall not return or exchange goods in any of the following cases when he/she has received them.

  1. If goods are lost or damaged due to a responsible reason to the user (However, if packaging, etc. is damaged to confirm the contents of the goods, the contract may be cancelled)
  2. If the value of goods has significantly decreased due to the user's use or partial consumption
  3. If the value of goods has decreased significantly to the extent that it is difficult to resell
  4. If it is possible to reproduce goods with the same performance, and the original packaging of the goods is damaged

③ In case of paragraph (2) 2 through 4, the cancellation of contract by the user is not restricted unless the "Mall" specifies in a place where it is easy for consumers to know in advance that the withdrawal of subscription is restricted.

④ Notwithstanding the provisions of paragraphs (1) and (2), if the contents of goods are different from the contents of the advertisement or the contents of the contract, the user may withdraw the subscription within three months from the date of receiving the goods or within 30 days from the date of knowing or learning the fact.

 

Article 16 (Effect of Cancellation of Contract)

① The "Mall" shall refund the amount of goods already paid within three business days when the goods are returned from the user. If the "Mall" delays the refund of goods, the delayed interest calculated by multiplying the delayed interest rate (deleting parentheses) prescribed in Article 21-2 of the Enforcement Decree of the Consumer Protection Act in Electronic Commerce, etc. shall be paid for the delayed period.

② If refund is made, the "Mall" shall request the business operator who provided the payment method to stop or cancel the payment for the goods without delay when the user pays for the goods by a payment method such as credit card or electronic currency.

③ In the case of cancellation of contract, the user shall bear the expenses necessary for the return of the supplied goods. The "Mall" does not claim penalty or compensation for damages due to withdrawal of subscription. However, if the contents of the goods, etc. are different from the contents of the advertisement or the contents of the contract are implemented differently, the cost necessary for the return of the goods shall be borne by the "Mall."

④ When a user pays the shipping cost when receiving goods, the "Mall" shall clearly indicate who pays the cost when cancelling a contract so that the user can easily understand.

 

Article 17 (Privacy Protection)

① The "Mall" collects the minimum amount of personal information to the extent necessary to provide services when collecting personal information of users.

② The "Mall" does not collect information necessary for the implementation of the purchase contract in advance when signing up membership. However, this is not the case when verification is required before the purchase contract in order to fulfill the obligations under relevant laws and regulations, and the minimum of personal information is collected.

③ When the "Mall" collects and uses personal information of users, it shall notify the relevant user of the purpose and obtain his/her consent.

④ The "Mall" shall not use the personal information for any purpose other than the purpose of use, and if a new purpose of use arises or if personal information is provided to a third party, the purpose shall be notified to the relevant user at the use and provision stage and a consent shall be obtained. However, exceptions are made if the relevant laws and regulations stipulate otherwise.

⑤ Where the "Mall" requires the user's consent under paragraphs (2) and (3), the person in charge of personal information management must specify or notify the matters prescribed in Article 22 (2) of the Act on Promotion of Information Network Utilization and Information Protection at any time.

⑥ Users can request access to and correct errors in their personal information held by "Mall" at any time, and "Mall" is obligated to take necessary measures without delay. If a user requests correction of an error, "Mall" will not use the personal information until the error is corrected.

⑦ The "Mall" shall limit users' personal information to a minimum to protect their personal information, and shall be responsible for all damages caused by loss, theft, leakage, provision of consent to third parties, modification, etc. of users' personal information, including credit cards, bank accounts, etc.

⑧ When the purpose of collecting personal information or the purpose of receiving personal information is achieved, the relevant personal information shall be destroyed without delay.

⑨ The "Mall" does not set the consent box for collection, use, and provision of personal information to be selected in advance. It specifically specifies services restricted when users refuse to agree to collect, use, and provide personal information, and does not restrict or refuse to provide services such as membership because users refuse to agree to collect, use, and provide personal information.

 

Article 18 (Obligation of the "Mall")

① The "Mall" shall not engage in acts prohibited by laws and conditions or contrary to public order and shall do its best to provide goods and services continuously and stably as prescribed by these terms and conditions.

② The "Mall" shall operate a security system to protect personal information of users (including credit information) so that users can use Internet services safely.

③ The "Mall" shall be responsible for compensating the user for damages by performing unfair display and advertisement acts prescribed in Article 3 of the Fairness of Labeling and Advertising Act on goods or services.

④ The "Mall" shall not send advertising e-mails for profit that the user does not want.

 

Article 19 (Obligations of Member ID and Password)

① Except for the case of Article 17, the member is responsible for managing his/her ID and password.

② Members should not allow third parties to use their IDs and passwords.

③ If a member recognizes that his/her ID and password have been stolen or used by a third party, he/she shall immediately notify the "Mall" and follow the instructions provided by the "Mall".

 

Article 20 (Obligations of User)

The user must not:

  1. Register false information during application or changing
  2. Steal personal information of other users
  3. Change information posted on the "Mall"
  4. Transmit or post of information (computer programs, etc.) other than the information prescribed by the "Mall"
  5. Violate intellectual property rights such as copyrights of the "Mall" or other third parties
  6. Engage in acts that may damage the reputation or interfere with the business of the "Mall" or third party
  7. Disclose or post obscene or violent messages, images, voices, or other information contrary to public morals on the Mall

 

Article 21 (Relationship between the Connected "Mall" and Connecting "Mall")

① If the parent "mall" and the child "mall" are linked via a hyperlink (i.e. the target of the hyperlink includes letters, pictures, etc.), the former is called a connected "Mall" (website) and the latter is referred to as a connecting "Mall" (website).

② The "Mall" shall not be liable for the transaction if it is specified as the initial screen of the "Mall" or the pop-up screen at the time of connection that it is connected to the user by goods provided by the "Mall" independently.

 

Article 22 (Ownership of Copyright and Restriction of Use)

① Copyright and other intellectual property rights for works prepared by the "Mall" are owned by the "Mall."

② Users shall not reproduce, transmit, publish, distribute, broadcast, or use the information to which intellectual property rights belong to the "Mall." Among the information obtained by using "Mall" for profit or to a third party without prior consent of the "Mall."

③ The "Mall" shall notify the user when using the copyright attributed to the user according to the agreement.

 

Article 23 (Dispute Resolution)

① The "Mall" shall establish and operate a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and to compensate for damages.

② The "Mall" shall deal with complaints and comments submitted by users with priority. However, if it is difficult to process such promptly, the Mall shall notify the user of the reason of delay and the processing schedule immediately.

③ If there is an application for damage relief from the user in connection with the e-commerce dispute between the "Mall" and a user, it may be subject to the mediation of the dispute settlement agency commissioned by the Fair Trade Commission or the city/provincial governor.

 

Article 24 (Judicial Right and Governing Laws)

① Any lawsuit concerning an e-commerce dispute between the "Mall" and a user shall be governed under the exclusive jurisdiction of the local court having jurisdiction over the residence if the user's address is not present. However, if the address or residence of the user is not clear at the time of filing the complaint, or if the user is a foreign resident, it is filed with the competent court under the Civil Procedure Act.

② Korean law shall be the governing law to e-commerce lawsuits filed between the "Mall" and a user.