Innisfree Global Site User Agreement
Article 1 (Purpose)
The purpose of this agreement is to stipulate the rights, obligations and responsibilities of customers in using the services (hereinafter referred to as "Services") provided by the Innisfree shopping mall (hereinafter referred to as the "Mall") operated by Innisfree Corporation (e-commerce operator, hereinafter referred to as the "Company").
Article 2 (Definition)
- ①"Mall" refers to a virtual store that the Company has established to provide Customers with services, e.g. sale of goods or services (hereinafter referred to as "Goods") so that Customers can use information and communication facilities like computers to trade Goods.
- ②"Customer" refers to a member or non-member who connects to the Mall and receives the Services provided by the Company according to this agreement.
- ③"Service" refers to a tangible and intangible action related to the Internet that the Company provides to Customers through the Internet website or mobile app.
- ④"Member" refers to a person who has provided personal information to the Mall and has been consequently registered as a member, and a person who continuously receives information from the Company and the Mall, and who can continuously use the Services provided by the Mall.
- ⑤"Non-member" refers to a person who is not registered as a member of the Mall, but who uses the Services provided by the Mall.
Article 3 (Specification of the consent to the agreement, explanation and revision thereof)
- ①The Company will post the contents of this agreement, company name, name of the representative, address of its business offices (including the address of the place that handles Customers' complaints), phone numbers, fax numbers, e-mail addresses, business license numebr, mail order business license number and personal information manager on the first screen of the Mall so that Customers can easily see them. However, the Company may make the contents of this agreement available to Customers on a link screen.
- ②The Company must provide a separate link screen or popup screen for the Mall so that Customers can, prior to giving their consent to this agreement, understand important information stipulated therein, such as the withdrawal of subscription, responsibility for shipping and refund conditions, and the Company must make sure that Customers check it.
- ③The Company may revise this agreement to the extent that it does not violate the provisions of laws, such as the Act on the Consumer Protection in the Electronic Commerce Transactions, 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 Door-to-door Sales, Etc. Act, and the Consumer Protection Act.
- ④If the Company revises this agreement, it must notify the revision of this agreement and the details of the revision seven days prior to the enforcement date of the revised agreement (hereinafter referred to as "effective date") (if the changes are disadvantageous to users, this period shall be 30 days). In this case, the Company must provide a before-and-after comparison and post it in such a way that Customers can easily understand it.
- ⑤If Members do not explicitly indicate their intention to refuse to use the Mall even though the Company clearly has stated that if they do not indicate their intention within 30 days, then they will be deemed to consent to the revision as notified according to Paragraph 4, such Members will be deemed to have consented to the revised agreement.
- ⑥If Members do not consent to the revised agreement of the Mall, the Company cannot apply the revised agreement to such Members, and in this case, Members may cancel the contract. If they use Services even after the revised agreement has come into effect, they will be deemed to have consented to the changes in the agreement.
- ⑦Matters not stipulated in this agreement and matters concerning the interpretation of this agreement will comply with the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc., the Act on the Regulation of Terms and Conditions, the e-commerce consumer protection guideline of the Fair Trade Commission and related laws and commercial practices.
Article 4 (Provision and changing of Services)
- ①The Company will provide the following Services through the Mall:
- 1. Provision of information on goods or Services and conclusion of purchasing contracts
- 2. Shipping the goods for which the purchasing contract was entered into
- 3. Provision of Services related to purchasing contracts and shipping
- 4. Responding to Customers in regard to Services and processing such Services
- 5. Other business specified by the Company
- ②The Company may change the Goods to be provided according to future contracts if Goods are sold out or technical specifications are changed. In this case, the Company must specify the details of the changed Goods and the date of provision, and immediately post this information in the location where the descriptions of the current Goods are posted.
- ③If the Company changes the Services that it agreed to provide for Customers because the Goods are sold out or technical specifications are changed, it must immediately notify the reason for this to Customers.
- ④The Company will compensate Customers for the damages sustained by Customers due to the reason mentioned in Paragraph 3. If the Company proves that there was no intention or mistake, however, it will not do so.
Article 5 (Suspension of Service)
- ①In the event that the Mall's electrical and communication facilities need to be repaired, inspected or replaced, and they fail or there are communication problems, the Company may notify a temporary suspension of Services and suspend Services temporarily.
- ②The Company will compensate users for the damages sustained by them due to the temporary suspension of Services for the reason mentioned in Paragraph 1. If the Company proves that there was no intention or mistake, however, it will not do so.
- ③If the Company cannot provide Services through the Mall because it changed the type of business, ceased business operations or became merged with another enterprise, it must notify this to users in advance.
Article 6 (Membership signup)
- ①Customers may consent to this agreement by checking the agreement, entering member information in the form specified by the Company, and placing a checkmark next to the contents of agreement. If Customers place a checkmark next to this agreement, they will be deemed to have consented.
- ②The Company will register those Customers who applied for membership according to Paragraph 1 and do not meet any of the following conditions:
- 1. If there are false entries, missing information or errors in the registration information.
- 2. If they are children under 14 years of age. However, in case it is necessary to collect the personal information of children under 14 years of age to protect their personal information, the Company will collect such information only if their legal representatives (parents) consented according to related laws.
- 3. If they used others' names to apply.
- 4. If they applied for membership for the purpose of disturbing the peace and social order or offending public morals.
- 5. If they do not satisfy the application requirements of the Company.
- ③③ In the following cases, the Company may postpone approval until the reasons for restricting the approval of the application are eliminated:
- 1. If there are no extra service-related facilities.
- 2. If there are technical problems.
- 3. If the Company deems it necessary.
- ④The membership contract will be established when the Company's approval reaches the Member.
- ⑤All Customer information provided in the application form will be deemed true. Customers who do not provide their real names or real data may not be able to receive legal protection and may be restricted in the Services they can receive.
- ⑥If the information they provided when they signed up for membership changes, Members must immediately notify the changes to the Company by e-mail or otherwise. The Mall will not bear responsibility for any disadvantage they experience due to their failure to notify such information to the Company.
Article 7 (Withdrawal of membership, disqualification, etc.)
- ①Members may withdraw from the Mall anytime, and take measures, such as deletion of what they posted.
- ②If Members or Customers meet any of the following conditions, the Company may disqualify, restrict, suspend or cancel their membership.
- 1. If they provided false information when they applied for membership or changed information.
- 2. If they fail to pay for the Goods they purchased at the Mall, or repay their debt in connection with the use of the Mall.
- 3. If they threaten an e-commerce order by interfering with others' use of the Mall or stealing their information.
- 4. If they intentionally interfered with service operations.
- 5. If they distribute computer virus programs that will cause information and communication facilities to malfunction or destroy information.
- 6. If they use system malfunctions and errors in information and communication facilities to use the Mall abnormally.
- 7. If they illegally use others' personal information, user IDs and passwords.
- 8. If they duplicate, circulate or commercially use the information they acquired using the Company's service without the prior consent of the Company.
- 9. If they use the Mall to act in a way prohibited by laws or this agreement or disturbs public order and public morals.
- ③If the Company disqualifies membership according to Paragraph 2, Company will notify it to Members, and give such Members the opportunity to reply at least 30 days prior to the cancellation of membership.
Article 8 (Notification to Members)
- ①If the Company delivers a notification to individual Members, it may do so using the specified e-mail address or the means mentioned in the information they provided when they signed up for membership.
- ②In case of providing notification to multiple Members, the Company may post a notice to an online service bulletin board for at least a week, rather than notifying individual Members. However, the Company will notify individual Members if the notice greatly affects Members' transactions.
Article 9 (Purchase request)
Customers will request a purchase at the Mall using the following or similar methods, and the Company must provide the following through the Mall so that Customers will know them easily when they request purchase. However, Subparagraphs 2 through 4 may not be applied to Members.
- 1. Searching and selecting Goods
- 2. Entering information necessary for ordering and shipping, such as addresses.
- 3. Checking the contents of the agreement, Services with restricted rights to withdraw subscription and information related to expenses like shipping charges and installation costs.
- 4. Consenting to this agreement, checking or rejecting Subparagraph 3.
- 5. Requesting the purchase of Goods and checking the purchase request, or consenting to the Company's confirmation.
- 6. Selecting payment methods.
Article 10 (Establishment of purchasing contracts)
- ①In any of the following cases, the Company may not approve Customers' subscription with regard to their purchase requests. However, in case of contracts with minors, if the consent of their legal representatives is not obtained, the minors themselves or their legal representatives may cancel the contract.
- 1. If there are false entries, missed information or errors in the application.
- 2. If minors make purchases without the approval of their guardians.
- 3. If approving purchase requests is deemed to cause serious technical trouble.
- ②The Company's approval of purchase requests will be delivered to Customers by mail after orders are completed, and the contract will be deemed to have been established when this mail reaches Customers.
- ③The approval mentioned in Paragraph 2 includes information on the confirmation of Customers purchase requests, the possibility of a sale and the correction or cancellation of purchase requests.
Article 11 (Payment method)
The method of paying for the Goods purchased at the Mall may be one of the following, and the Company will not collect any additional charges aside from the payment for the Goods with regard to Customers' payment method.
- 1. Credit-card payment
- 2. Paypal, Post-Payment in Japan etc.
- 3. Other payment methods allowed by law or the policy of the Mall and notified to Members in advance
Article 12 (Notification of receipt confirmation, and change and cancellation of purchase requests)
- ①If Customers request purchase, the Company will provide a receipt confirmation to Customers.
- ②If there is a discrepancy in the expression of intention, Customers in receipt of the notification of receipt confirmation may request that the purchase request be changed or cancelled on the web page of the Mall or by phone immediately after receiving the receipt confirmation notice, and if Customers request this, the Mall must handle such requests immediately. However, if payment has already been made, the subscription withdrawal procedure will be followed.
- ③If Customers request change or cancellation, and the Company cannot control the progress, it must be returned and the subscription withdrawal procedure will be followed.
Article 13 (Shipping)
- ①If there is no separate agreement with regard to when the Goods will be supplied, the Company will take necessary measures, such as customizing and packaging, so that the Goods can be shipped within seven days after the Customer's subscription. However, if the Company received all or part of the payment for the Goods, it will take necessary measures to supply the Goods within two business days after receiving the payment. At this time, the Company will take appropriate measures to ensure that Customers can check the supply procedure for the Goods and the progress of shipment.
- ②The Company will make sure that the Mall specifies the shipping means, the payer of shipping costs for each means and the shipping period for each means with regard to the goods purchased by Customers.
- ③The Company must do the packaging appropriately to make sure that the goods are not damaged in the process of shipping, and if goods are supplied according to 'the Act on the Consumer Protection in the Electronic Commerce Transactions, Etc.' and consumers' subscription, the Company will attach a document describing the contents (hereinafter referred to as "supply document") to the Goods and send it to consumers.
Article 14 (Refund)
If the Company cannot deliver or provide the Goods that the Customer has requested to purchase because they are sold out, it will immediately notify the reason for this to Customers, and if the Company has received payment for the Goods in advance, it will refund the money or take measures necessary for such refund within 3 days after receiving payment.
Article 15 (Withdrawal of subscription, etc.)
- ①If goods need to be exchanged or returned due to the negligence of the Company (wrong delivery, non-shipment, damage, defects, etc.), it will refund the money or take measures necessary for such refund within 7 days after receiving the returned goods and Customer inquiry.
- ②In the following cases after receiving the Goods, Customers may not return or exchange them.
- 1. If the Goods were lost or damaged for a reason attributable to Customers.
(If the Customer damaged the packaging to check the contents of the Goods, however, they may withdraw their subscription.)
- 2. If the value of the Goods decreased noticeably due to Customers' use or partial consumption thereof.
- 3. If the value of the Goods decreased noticeably due to the lapse of time to the extent that they cannot be resold.
- 4. If it is possible to duplicate Goods of the same performance, and the packaging of the original Goods was damaged.
- ③If the Company did not notify the restriction of withdrawal of subscription in case of Subparagraphs 2 through 4 of Paragraph 2 in a place where consumers can easily see it, Customers' withdrawal of subscription will not be restricted.
- ④If the Goods are different than marked or advertised despite the provisions in Paragraphs 1 and 2, Customers may withdraw the subscription within three months after the supply of the Goods or within 30 days after they learned the fact or would reasonably be thought to have become aware of the fact.
Article 16 (Effect of withdrawal of subscription, etc.)
- ①If the Company received the returned Goods from Customers, it will refund the payment for the Goods within 3 business days (every Tuesday and Friday all together). In this case, if the Company delays the refund for the Goods to Customers, it will pay the delay charge, which is obtained by multiplying the delay period by the delay interest rate stipulated by the Fair Trade Commission.
- ②In making a refund, if Customers paid for the Goods using payment means, such as credit cards or electronic cash, the Company will immediately have the operators that provided such payment means stop or cancel the billing of the charge for the Goods.
- ③In the case where a subscription is withdrawn, Customers will pay the expenses necessary for returning the supplied Goods. The Company will not impose cancellation charges on Customers or demand compensation because of the withdrawal of a subscription. However, if a subscription is withdrawn because the Goods are different than advertised or described in the contract, the Company will pay the expenses necessary for the return of the Goods.
- ④If Customers refuse to receive the Goods, or want them refunded, they must pay the shipping and handling fees (if the first purchase was shipped free of charge, they should pay them both ways, and if Customers prepaid, they should pay for one-way) and the bank remittance fees, and the Company will refund after confirming the return of the Goods.
- ⑤If the Customer wants the Goods exchanged/refunded owing to a simple change of heart, the shipping and handling fees for both ways must be paid by the Customer.
- ⑥If the Goods are returned to sender because Customers were absent or the addressee is unknown, Customers will pay the shipping and handling fees.
- ⑦For all returns, Customers must return the prizes and gifts they received as part of a promotional event, and if Customers used the gifts, the Company may deduct the corresponding amount from the refund. However, it will be otherwise if the Goods are returned for a reason attributable to the Company.
Article 17 (Personal information protection)
- ①The Company will collect the minimum personal information necessary for providing Services to Customers.
- ②If the Company collects Customers' personal information according to Paragraph 1, it must obtain the consent of Customers according to law.
- ③Collected personal information cannot be used for purposes other than as agreed or provided to a third party without the prior consent of Customers, and the Company is responsible for ensuring the correct use and retention of personal information. However, exceptions will be made in the following cases.
- 1. If the minimum Customer information (name, address and phone number) necessary for shipping is provided to the shipper.
- 2. If personal information is provided for statistical analysis, academic research or market research in a form that cannot identify individuals.
- 3. If personal information is necessary for making payments in trading Goods
- 4. If the law deems it necessary.
- ④If the Company needs Customers' consent according to Paragraphs 2 and 3, it must specify or notify in advance what is stipulated in the Personal Information Protection Act and Act on Promotion of Information and Communications Network Utilization and Information, Etc., such as the identification information of the personal information manager (affiliation, name and phone number and other contact information), the purpose of collecting and using information, information provided to a third party (who receives the information, the purpose of providing personal information and a description of the information to be provided), and Customers may withdraw their consent at any time.
- ⑤Customers may request that they view their personal information and that errors be corrected at any time, and the Company is obligated to take necessary remedial measures immediately. If Customers request that errors be corrected, the Company will not use such personal information until the errors are corrected.
- ⑥The Company is obligated to minimize the number of personal information handlers for the protection of personal information, and if Customers' personal information is lost, stolen, leaked or altered, and thus Customers incur damages for a reason attributable to the Company, the Company will be obligated to compensate Customers for the damages.
- ⑦If the purpose of collecting or using personal information is accomplished, the Company or a third party that received such personal information from the Company, will immediately destroy such personal information. However, if they are obligated to retain such information according to law, exceptions will be made.
- ⑧If the Company collects location information, it will comply with laws related to the Act on the Protection, Use, Etc. of Location information.
Article 18 (Company's obligations)
- ①The Company will not conduct any act prohibited by law and this agreement or against public order and public morals. Furthermore, the Company will act to provide goods and Services continuously and stably, as stipulated by this agreement.
- ②The Company will have a security system installed to protect Customers' personal information (including credit card information) so that Customers can use the Internet service safely.
- ③If Customers incurred damages because the Company willingly undertook illegal labeling and advertising with regard to goods and Services as described in the Act on Fair Labeling and Advertising, it will be obligated to compensate Customers for such damages.
- ④The Company will not send for-profit advertising e-mail against the explicit consent of users.
Article 19 (Members' obligations regarding ID and password)
- ①Members are responsible for managing IDs and passwords.
- ②Members should not allow a third party to use their IDs and passwords.
- ③If Members learn that their IDs and passwords have been stolen or are used by a third party, they must immediately notify this to the Company, and follow the Company's instructions, if any.
- ④The Company will not be responsible for the damages incurred by Members in the event that the Members violate the provisions in Paragraphs 2 and 3.
Article 20 (Members' obligations)
- ①Customers should not do any of the following. If Customers do any of the following, the Company may take appropriate measures according to the law, this agreement and the Company's policy.
- 1. Registering false information during an application or when making changes.
- 2. Stealing others' information.
- 3. Arbitrarily changing the information posted in the Mall.
- 4. Sending or posting information (computer programs, etc.) other than stipulated by the Company.
- 5. Infringing on intellectual property rights, such as the Company's or a third party's copyright.
- 6. Tarnishing the honor of the Company or a third party, or interfering with their business.
- 7. Pretending to be Mall operators, employees of the Company or other related persons.
- 8. Disclosing or posting obscene or violent messages, images, voices and other information against public order and public morals in the Mall.
- ②If Customers apply for membership or change member information, they must provide all information in their real name and based on facts. In the event that Customers register false information or the information of another, they cannot claim any right over damages to or the use thereof.
- ③Customers must comply with the provisions of this agreement, other provisions stipulated by the Company, announcements of the Company and related laws, and should not do any act that interferes with the Company's business and Mall operations, or tarnishes the honor of the Company.
- ④If their addresses, contact information and e-mail addresses are changed, Customers must immediately notify this to the Company, and the Company will not be held responsible for any disadvantage incurred by Customers owing to the Customers' failure to notify the Company of such change.
- ⑤Customers may not use the Company's Services for business activities without the prior approval of the Company, and the Company will not be responsible for the results of such business activities. In addition, if the Company incurred damages due to such activities, Customers will be obligated to compensate the Company for such damages, and the Company may restrict such Customers' use of Services and go through an appropriate procedure to demand compensation.
Article 21 (Responsibility for website connection, etc.)
- ①The Company may link other sites to the Mall using hyperlinks (hyperlinks include characters, illustrations and videos).
- ②If the Company clearly states that it will not be obligated to guarantee the transactions with Customers based on the Goods provided independently by other sites linked to the Mall on the initial screen of the Mall or in a popup screen when Customers are connected to the Mall, it will not be obligated to guarantee such transactions.
Article 22 (Ownership of intellectual property rights and restriction of use)
- ①The ownership of, copyright and intellectual property right to the works of the Company will belong to the Company.
- ②Customers should not use for profit or allow a third party use the information they acquired using the Mall, whose intellectual property rights belong to the Company, by duplicating, transmitting, publishing, distributing, broadcasting or doing something else without the prior approval of the Company.
- ③The copyright to the information posted by Customers in the service screen is reserved for those Customers who posted it, but the Company may use the information posted by Customers in the Mall for the purpose of service operation, exhibition, transmission, distribution and publicity without the separate permission of Members free of charge within the scope of Mall operations. Customers may not arbitrarily transmit other Customers' postings or infringe on the copyright held by others.
- ④If Customers' postings violate laws, hurt public order and public morals, violate the operating policy of the Mall, or infringe on the rights of a third party, the Company may take necessary remedial measures, such as deleting such postings from the Mall.
Article 23 (Provision of information)
- ①The Company may provide various kinds of information recognized as necessary for Customers' service use by e-mail or postal mail to Members with their consent.
- ②The Company may demand additional personal information with the consent of Customers for the purpose of improving Services and introducing Services to Customers.
Article 24 (Resolution of disputes)
- ①To reflect the valid opinions or complaints of Customers and compensate for damages, the Company will install and operate the shopping Mall Customer call center, an organization for handling compensation for damages.
- ②The Company will handle Customers' complaints and opinions first. However, if it is difficult to handle them quickly, it must immediately notify the reason for this and the schedule for doing so to Customers.
- ③If Customers demand remedies for damages with regard to an e-commerce dispute arising between the Company and Customers, they may comply with the mediation of the E-commerce Mediation Committee, which was installed according to the Framework Act on Electronic Documents and Transactions and the Enforcement Decree of the same Act.
Article 25 (Jurisdiction and governing laws)
- ① All matters concerning the interpretation, effectiveness and implementation of this agreement and disputes related therewith will be governed by the laws of the Republic of Korea.
<Supplementary provision> August 27, 2014
Article 1 (Enforcement date) This agreement is effective from September 18, 2014.