TERMS & CONDITIONS

 

 

ARTICLE 1 (PURPOSE)

The purpose of these Terms and Conditions (“Terms and Conditions”) is to set forth the rights, obligations and responsibilities of the Mall (as defined below) and of the Customer (as defined below) in using the internet-related services (“Services”) provided by the Mall.[1]

 

ARTICLE 2 (DEFINITIONS)

(1) The “Mall” shall mean an online store at https://collection.linefriends.com operated by IPX Corporation (“Company”) to allow the Customer to trade certain goods and services (“Goods”) using their PCs, mobile phones and other information communication devices for the purpose of providing Goods to the Customer, and shall also mean the operator that manages the Mall.

(2) The “Customer” shall mean those who are entitled to use the Services under these Terms and Conditions.

 

ARTICLE 3 (SPECIFICATION, EXPLANATION AND AMENDMENT OF TERMS AND CONDITIONS)

(1) The Mall shall post the full text of these Terms and Conditions, its trade name, name of its representative, address of its registered office (including an address of its office that handles the complaints of the Customer), its telephone number, its fax number, its email address, its business registration number, its hosting service provider, and its mail order sales business registration number on the homepage of the website of the Mall so that the Customer may easily find them, provided, however, that the text of these Terms and Conditions may be posted on another page which is linked to the homepage. 

(2) Before asking the Customer to agree to these Terms and Conditions, the Mall shall provide a link to another page or opens a pop-up window that contains the material terms of these Terms and Conditions, including, but not limited to, cancellation of order, liability for delivery, and terms of refund, to ensure that the Customer understand and confirm them.

(3) The Mall may amend these Terms and Conditions to the extent that such amendment does not violate relevant laws, including, but not limited to, the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Door-to-Door Sales, etc., and the Consumer Protection Act.

(4) If the Mall intends to amend these Terms and Conditions, it shall post such details of such amendment beside the current version of the Terms and Conditions, specifying the reason for amendment and effective date, on the homepage of the website of the Mall for a period from no later than seven (7) days prior to the effective date to the date immediately preceding the effective date.

If an amendment under this Paragraph (4) includes any change of terms and conditions unfavorable to the Customer, such amendment shall be notified at least thirty (30) days prior to the effective date of such amendment by email to the registered email address of the Customer together with the reason for such amendment.

(5) If the Customer fails to express his/her refusal to consent to the amended Terms and Conditions within seven (7) days (or thirty (30) days for an unfavorable amendment under Paragraph (4) of this Article (3) after the date of the notice despite being notified by the Mall that the Customer’s failure to express his/her refusal shall be deemed to be his/her consent to the amended Terms and Conditions, the Customer shall be deemed to have agreed with the amended Terms and Conditions.

(6) Matters that are not provided for herein or the construction of these Terms and Conditions shall be governed by the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Guidelines on the Consumer Protection in Electronic Commerce enacted by the Korea Fair Trade Commission, or other relevant laws or commercial practices, as applicable.

 

ARTICLE 4 (PROVISION AND CHANGE OF SERVICES)

(1) The Mall shall perform the following services:

  1. Provision of information on Goods and execution of a purchase and sale agreement with the Customer;
  2. Delivery of Goods for which a purchase and sale agreement has been executed; or
  3. Other such services as determined by the Mall.

(2) If the Goods are out of stock or changed in any technical aspect, the Mall may change the specifications of the Goods to be provided under a future purchase and sale agreement with the Customer. In such case, the Mall shall promptly post the details and provision date of the changed Goods on the web page on which the information of the existing Goods has been posted.

(3) If the details of the Services to be provided by the Mall to the Customer under an executed purchase and sale agreement are changed for reasons such as the unavailability of or the change of any technical specification of the Goods, the Mall shall promptly notify the Customer of the reason for such change in accordance with Article 8 hereof.

(4) The Mall shall indemnify the Customer for any proven actual damages for losses caused by the change of Services set forth in Paragraph (3) of this Article 4 except when the Mall can demonstrate that such damages are not attributable to its willful misconduct or negligence.

 

ARTICLE 5 (SUSPENSION OF SERVICES)

(1) The Mall may temporarily suspend the provision of the Services in the event of maintenance, replacement or breakdown of its information communication equipment (e.g., computers), or of mobile or Internet network disruption, in which case the Mall shall post on the homepage of its website such suspension and the reason.

(2) The Mall shall indemnify the Customer or any other third party for any damages for losses caused by the temporary suspension of the Services set forth in Paragraph (1) of this Article 5 except when the Mall can demonstrates that such damages are not attributable to its willful misconduct or negligence.

(3) If it becomes impossible for the Mall to provide the Services to the Customer due to reasons such as change of its business items, abandonment of its business, or merger with another company, the Mall shall notify the Customer thereof in accordance with Article 8 hereof.

 

ARTICLE 6 (USE OF SERVICES)

(1) The Customer may use the Services after indicating its consent to these Terms and Conditions in a form as determined by the Mall.

(2) If any of the information submitted by the Customer when signing up on the website of the Mall, the Customer shall immediately modify its information on the website of the Mall or otherwise inform the Mall of such change by email or other means.

(3) The Mall shall not be liable for any disadvantage to the Customer resulting from the Customer’s failure to inform the Mall of change of its information under Paragraph (2) of this Article 6.

 

ARTICLE 7 (CUSTOMER DISQUALIFICATION)

(1) If the Customer does any of the following, the Mall may restrict or suspend the Customer’s account at the Mall:

  1. Fails to pay the price of the Goods purchased on the Mall, or any other amount due by the Customer in connection with the use of the Mall;
  2. Disrupts the order of the electronic commerce, for instance, by interfering with the use of the Mall by another person or stealing the information of another person;
  3. Uses the Mall to do any act prohibited under the law or these Terms and Conditions or that is against public order and morality;
  4. Tarnishes the reputation of the Company or damages the credibility of the Mall by stating or disseminating unfounded or false information related to the management of the Mall;
  5. Interferes with the management of the Mall by using abusive language against, threatening, or doing obscene acts against an employee of the Mall in the course of using the Mall;
  6. Interferes with the management of the Mall by repeatedly cancelling or returning the Goods purchased on the Mall without a justifiable reason;
  7. Interferes with the management of the Mall by repeatedly cancelling or returning all or part of the Goods purchased on the Mall despite the absence of a particular defect of the Goods; or
  8. Any other act similar to the foregoing.

(2) After the Mall restricts or suspends the Customer’s account for the Customer’s misconduct under Paragraph (1) of this Article 7, if the Customer repeats the same misconduct on two (2) occasions or more or fails to correct such misconduct within thirty (30) days after the restriction or suspension by the Mall, the Mall may permanently disqualify the Customer from using the Mall.

 

ARTICLE 8 (NOTICE TO CUSTOMER)

(1) The Mall may give a notice to the Customer by email or phone call, using the contact information registered with the Mall.

(2) In case of a notice to an unspecified number of the Customers, the Mall may post a notification on the bulletin board of its website for at least one (1) week in lieu of the notice required under Paragraph (1) of this Article 8; provided, however, for matters that materially affect the transactions with the specific Customer, the Mall shall give a notice pursuant to Paragraph (1) of this Article 8.

 

ARTICLE 9 (PURCHASE ORDER)

When the Customer places a purchase order at the Mall, it shall follow the following or other similar consent procedure, and the Mall shall provide the following information in a manner that can be easily understood by the Customer:

  1. Search for and selection of the Goods;
  2. Entry of the Customer’s name, address, telephone number and email address (or mobile phone number);
  3. Confirmation of (i) these Terms and Conditions, (ii) services for which the right to cancel an order is restricted and (iii) information on payments of fees/costs including delivery fees and installation costs; provided that the contents of these Terms and Conditions may be provided to the Customer only for the first purchase order by the Customer;
  4. (i) Consent to these Terms and Conditions and confirmation of the information set forth in immediately preceding Paragraph 3 or (ii) refusal of these Terms and Conditions (e.g. by mouse click);
  5. Placing an order for the purchase of the Goods and confirmation thereof or a consent to the Mall’s confirmation; and
  6. Selection of a payment method.

 

ARTICLE 10 (CONCLUSION OF AGREEMENT)

(1) The Mall may not accept a purchase order submitted under Article 9 hereof in the case of any of the following subparagraphs, provided that, when entering into an agreement with a minor, the Mall shall provide a notice that an agreement with a minor may be cancelled by the same minor or his/her guardian if his/her guardian has not consented to the execution of such agreement:

  1. A purchase order contains any false, misspelled or omitted information;
  2. A minor placed an order for Goods prohibited under the Youth Protection Act; or
  3. The Mall concludes that accepting a purchase order is not appropriate given the then technology level of the Mall.

(2) A purchase and sale agreement shall be deemed concluded when the Mall’s acceptance of a purchase order reaches the Customer in the form of a notice of acknowledgment of receipt set forth in Article 12(1) hereof.

(3) The Mall’s acceptance of a purchase order shall include information such as its confirmation of the Customers’ purchase order and the availability of the Goods ordered, and how to modify or cancel the purchase order.

(4) If the Mall discovers any of the causes set forth in Subparagraphs 1 through 3 of Paragraph (1) of this Article 10 after the conclusion of a purchase and sale agreement, the Mall shall be entitled to terminate the agreement with immediate effect, in which case the price of the Goods paid by the Customer shall be immediately refunded.

 

ARTICLE 11 (PAYMENT METHOD)

(1) Payment for the Goods purchased on the Mall shall be made by any of the following means, if available; provided that the Mall shall not charge the Customer with any fee associated with a particular payment method selected by the Customer:

  1. Payment via PayPal; or
  2. Payment via any other payment service provider under contract with the Company.

(2) The Customer may be subject to limits on the monthly cumulative payment amount or maximum charge amount depending on the policy of the Company or the relevant payment service provider (including credit card companies). The Customer may not be able to use the Services if such limits are exceeded.

 

ARTICLE 12 (NOTICE OF ACKNOWLEDGMENT OF RECEIPT, CHANGE AND CANCELLATION OF PURCHASE ORDER)

(1) Upon the placement of a purchase order by the Customer, the Mall shall give a notice of acknowledgment of receipt to the Customer by electronic means, including, but not limited to, email or a pop-up window appearing when the Customer logs in to the Mall’s website that shows the Mall’s acceptance of a purchase order.

(2) After receiving the notice of acknowledgment of receipt, the Customer may immediately request a change or cancellation of the purchase order if there is any discrepancy between the purchase order and the notice of acknowledgment of receipt, and the Mall shall immediately process such request if such request is made before delivery of the Goods ordered by the Customer. If the Customer has already paid the purchase price, the provision on the cancellation of purchase order under Article 15 hereof shall apply.

 

ARTICLE 13 (SUPPLY OF GOODS)

(1) Unless a separate agreement on the delivery date of the Goods has been entered into between the Mall and the Customer, the Mall shall take all necessary measures (e.g., production of custom-order Goods and packing) to ensure that the Goods are delivered to the Customer within seven (7) days after the Customer places the purchase order at the Mall; provided, however that if the Mall has already received all or part of the price of the Goods, the Mall shall take such necessary measures within three (3) business days after the payment date. In such case, the Mall shall ensure that the Customer is able to check the delivery status.

(2) The Mall shall specify the method of delivery for the Goods purchased, and the payer of the delivery fee and the delivery period for each delivery method. If the Mall fails to deliver the Goods within the agreed delivery period, the Mall shall indemnify the Customer for his/her loss resulting therefrom unless the Mall demonstrates that such failure is not attributable to its willful misconduct or negligence.

(3) If there is a separate agreement on the delivery or provision of the Goods between the Mall and the Customer, such separate agreement shall prevail over these Terms and Conditions.

 

ARTICLE 14 (REFUND)

(1) If the Mall is unable to deliver or otherwise provide the Goods for which a purchase order has been placed by the Customer (because the Goods were sold out or for other reasons), the Mall shall immediately notify the Customer of the reason, and refund, or take necessary actions to refund, any amount received as payment for the Goods within three (3) business days after the delivery commencement date.

(2) In the event any Goods are returned to sender due to reasons attributable to the Customer such as issues with the shipping address, unavailability of the recipient, failure to pay applicable duties or a refund request by the Customer, the Mall shall refund that portion of the amount received as payment for the applicable Goods after deducting applicable shipping and/or return costs and expenses. The Mall shall not be responsible for and shall not be obligated to refund any amount received as payment for Goods in the event the applicable Goods are lost due to reasons attributable to the Customer.

 

ARTICLE 15 (CANCELLATION OF PURCHASE ORDER)

(1) The Customer who has entered into a purchase and sale agreement for the Goods with the Mall may cancel his/her purchase order within seven (7) days after his/her receipt of the notice of acknowledgment of receipt from the Mall.

(2) The Customer may not return or exchange the Goods after he/she received the Goods in the case of any of the following:

  1. The Goods have been damaged or destroyed due to a cause attributable to the Customer (but cancellation is allowed if the Customer has damaged the package just to check the content of the Goods);
  2. The value of the Goods has significantly decreased due to the use or partial consumption by the Customer;
  3. The value of the Goods has significantly decreased by the lapse of time to the extent that they cannot be resold;
  4. The Goods can be duplicated but the packaging of the original Goods has been damaged; or
  5. The Goods are custom-made or any other similar product.

(3) In the case of Subparagraphs 2 and 4 of Paragraph (2) of this Article 15, if the Mall has not taken certain measures to protect the Customer such as (i) notifying the Customer of the restriction of return or exchange at a place the Customer can easily recognize or (ii) providing the Customer with a sample, the Customer’s right to cancel a purchase order shall not be restricted.

(4) Notwithstanding the subparagraph (1) and (2) of this Article, the Customer may cancel his/her purchase order within three (3) months after his/her receipt of the Goods if the Goods are different from the display or advertisement or any Services were different from the contract terms between Customer and the Mall, or within thirty (30) days from the day when Customer had knowledge that the Goods were substantially different from the display or advertisement of the Goods or any Services were different from the contract terms between Customer and the Mall.

 

ARTICLE 16 (EFFECT OF CANCELLATION OF PURCHASE ORDER)

(1) If the Customer returns the Goods he/she ordered, the Mall shall refund the purchase price it received from the Customer within seven (7) business days after the Mall received the returned Goods. If the Mall fails to refund the purchase price within the above period, the Mall shall pay interest for such delay of refund calculated by applying the interest rate charged under the Act on the Consumer Protection in Electronic Commerce, etc.

(2) If the Customer has paid the purchase price of the Goods by credit card or electronic cash, the Mall shall immediately request the relevant card company or payment service provider to stop or cancel the charge of the price of the Goods.

(3) If the Customer cancels a purchase order, the Customer shall bear the costs of the return of the Goods. The Mall shall not charge the Customer with a penalty or seek damages from the Customer for the cancellation of a purchase order. However, if the Customer cancels a purchase order because (i) there is a discrepancy between the content of the Goods and the representations/advertisements of the Goods; or (ii) the Mall did not exactly follow the terms of the purchase and sale agreement, the Mall shall bear the costs of the return of the Goods.

(4) If the Customer has paid the delivery fee for the Goods, the Mall shall clearly indicate who will bear such fee in the case of the cancellation of the purchase order.

 

ARTICLE 17 (PERSONAL INFORMATION PROTECTION)

(1) The Mall will collect only the minimum information of the Customer necessary to perform the relevant purchase and sale agreement. The following items are required to be collected from the Customer, and the collection of any other personal information is optional.

  1. Name
  2. ID (Email address)
  3. Postal address (including a delivery address if different)
  4. Telephone number
  5. Email address (or mobile phone number)
  6. Purchased Goods
  7. Information of the recipient of the Goods ordered
  8. Bank account information

(2) The Mall must seek and obtain the consent of the Customer for the collection of identifiable personal information.

(3) The Mall shall not, without the Customer’s consent, use for any purposes other than for the performance of the relevant purchase and sale agreement or provide to a third party any personal information of the Customer provided to it and shall be entirely liable for any violation thereof, except in the case of the following:

  1. Minimum personal information of the Customer (name, address and phone number) required for the delivery of the Goods is provided to the delivery company;
  2. Personal information of the Customer is provided in an unidentifiable form for the purpose of preparing statistics, academic research or market research;
  3. Personal information of the Customer is necessary to make payment under the transaction of the Goods;
  4. Personal information of the Customer is necessary to identify the Customer for the purpose of prevention of identity theft; or
  5. There is any other unavoidable reason under the law.

(4) If the Mall is required to obtain the consent from the Customer pursuant to Subparagraphs 2 and 3 of Paragraph (3) of this Article 17 , the Mall shall, in advance, specify or notify the Customer, as appropriate, matters prescribed in Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., including, but not limited to, the identity of the personal information manager (affiliation, name, telephone number, other contact information), purposes of personal information collection and use, matters related to provision of information to third parties (recipient, purpose of provision, and content of the information to be provided), and the Customer may withdraw his/her consent at any time.

(5) The Customer may, at any time, request access to, or correction of an error of, his/her personal information collected by the Mall, in which case the Mall shall immediately take measures necessary to ensure such access or correction. If the Customer has requested the correction of an error, the Mall shall not use the relevant personal information until the error is corrected.

(6) The Mall shall minimize the number of personal information managers to prevent the leakage of personal information, and shall be fully liable for any damages to the Customer resulting from the loss, theft, leakage, or alteration of the personal information of the Customer, including his/her credit card(s) and bank account(s).

(7) The Mall or any third party to which the personal information of the Customer is provided shall destroy such personal information immediately after the achievement of the purpose of the collection or provision of such personal information.

(8) Other matters related to the handling of personal information shall be included in the personal information handling policy of the Mall, which is posted on the homepage of the Mall’s website.

 

ARTICLE 18 (MALL’S OBLIGATIONS)

(1) The Mall shall not do any act prohibited hereunder or against public order and morality, and shall make its best efforts to provide the Goods continuously and stably in accordance with these Terms and Conditions.

(2) The Mall shall have a security system in place for the protection of the personal information of the Customer (including credit information) to ensure that the Customer can safely use internet services.

(3) The Mall shall indemnify the Customer for any damages suffered by the Customer as a result of any unfair representation or advertisement of the Goods under Article 3 of the Act on Fair Labeling and Advertising.

(4) The Mall shall not send any unsolicited commercial email to the Customer.

 

ARTICLE 19 (CUSTOMER’S OBLIGATIONS)

The Customer shall not do any of the following acts:

  1. Registration of false information with the Mall;
  2. Stealing the information of another person;
  3. Change of any information posted on the Mall;
  4. Transmission or posting of any information other than the information specified by the Mall (e.g., computer programs);
  5. Infringement on any intellectual property right, including a copyright of the Mall or any other third person;
  6. Any other act that damages the reputation of, or interferes with the business of, the Mall or any other third party; or
  7. Disclosing or posting any obscene or violent message, video or audio, or any other information against public order and morality on the Mall.

 

ARTICLE 20 (OWNERSHIP OF, AND RESTRICTION ON USE OF, COPYRIGHT)

(1) All copyrights and other intellectual property rights of the works prepared and developed by the Mall shall be owned by the Mall.

(2) The Customer shall not, without the prior approval of the Mall, duplicate, transmit, publish, distribute, broadcast, or use by other means for commercial purposes, or allow any third party to use, any information obtained in the course of using the Mall and of which the intellectual property right is owned by the Mall.

(3) The Mall shall notify the Customer if it uses a copyright owned by the Customer.

 

ARTICLE 21 (ADVERTISEMENT AND ANY TRANSACTIONS WITH THE SELLER OF THE ADVERTISED GOODS)

(1) By agreeing to this Terms and Conditions, the Customer agrees to the display of third-party seller’s products within the Services.

(2) Company shall NOT be liable for any loss and damages to the Customers arising out of or related to the communications and/or transactions between the Customers and any third-party seller advertising their products within the Services

 

ARTICLE 22 (DISPUTE RESOLUTION)

(1) The Mall shall promptly handle any complaint submitted by the Customer.

(2) With respect to any e-commerce dispute between the Mall and the Customer, the Customer may apply for a mediation by referring the dispute to the Fair Trade Commission or a dispute conciliation institution designated by the head of the relevant local government.

 

ARTICLE 23 (GOVERNING LAW AND JURISDICTION)

(1) Any litigation arising from an e-commerce dispute between the Mall and the Customer shall be subject to the jurisdiction over the address of the Customer at the time of the filing of such litigation, and in the absent of such address, to the jurisdiction of the district court having jurisdiction over the legal domicile of the Customer; provided, however, if the address or legal domicile of the Customer is unclear or the Customer is a foreign resident, the competent court under the Civil Procedure Act shall have jurisdiction over such litigation.

(2) Any litigation arising from an e-commerce dispute between the Mall and the Customer shall be governed by the laws of the Republic of Korea.

 

 ARTICLE 24 (SPECIFICATIONS)

[1] These Terms and Conditions shall apply mutatis mutandis to electronic transactions using PC, mobile, and wireless communication networks to the extent that the application is not against the nature of such transactions.

 

 

 ARTICLE 25 (ACCESSIBILITY COMMITMENT)

 We are committed to making the Line Friends Collection experience available to all of our members, including those with disabilities, and have designed this website to be accessible to all.

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