Article 1 (Purpose)
The purpose of this Agreement is to prescribe the services provided by Cyber Mall operated by MODELSIM Co., Ltd. (E-Commerce Operator - hereinafter Company) and the rights, obligations, and responsibilities of users who use them.
Article 2 (Definitions)
① The term "mall" means a virtual place of business where a company can trade goods, etc. using information and communications facilities such as computers to provide goods or services to users (hereinafter referred to as "goods, etc."), and it is also used in the meaning of a business operator operating a cyber mall.
② The term "user" means the members and non-members who access the "mall" and receive services provided by the "mall" under this Agreement.
③ The term "member" means a person who has registered as a member by providing personal information to the "mall", receives information from the "mall" continuously, and can continue to use the services provided by the "mall".
④ 'Non-member' refers to a person who uses the services provided by the "mall" without joining the membership.
Article 3 (Specify, explain, and revise the terms and conditions, etc.)
① The "Mall" posts the contents of the terms and conditions, the name of the representative, the address of the place of business (including the address of the place where consumers can handle their complaints), phone number, facsimile number, e-mail address, business registration number, telecommunication business report number, and the person in charge of personal information management on the initial service screen of the mall (front). However, the contents of the terms and conditions can be viewed by the user through a connected screen.
② Before the user agrees to the terms and conditions, the "mall" shall provide the user with a separate connection screen or pop-up screen so that the user can understand important contents such as withdrawal of subscription, delivery responsibility, refund conditions, etc. among the contents stipulated in the terms and conditions.
③ The "Mall" may amend this Agreement to the extent that it does not violate the relevant laws, such as the Consumer Protection Act in e-commerce, the Regulations on Terms and Conditions, the Framework Act on Electronic Trade, the Electronic Signature Act, the Promotion of Information and Communication Network Use, the Visit and Sales Act, and the Consumer Protection Act.
④ If the "Mall" amends the terms and conditions, the date of application and the reason for revision shall be specified and announced on the initialized page of the Mall along with the current terms and conditions from 7 days before the date of application to the day before the date of application.
However, if the details of the terms and conditions are changed against the user, a grace period of at least 30 days shall be given. In this case, the "mall" clearly compares the contents before and after the revision to make it easier for users to understand.
⑤ If the terms and conditions of the "Mall" are amended, the amended terms and conditions shall apply only to contracts concluded after the date of application, and the terms and conditions of the previous amendment shall apply to contracts already concluded before that date. However, if a user who has already entered into 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 shall apply.
⑥ Matters not prescribed in this Agreement and interpretation of this Agreement shall be governed by the Consumer Protection Act, the Regulations on Terms and Conditions, the Guidelines for Consumer Protection in Electronic Commerce, etc. as prescribed by the Fair Trade Commission, and related statutes or commercial transaction customs.
Article 4 (Providing and Changing Services)
① The "mall" performs the following tasks
- Provide information on goods or services and conclude purchasing contracts.
- the delivery of goods or services to which a purchase contract has been concluded.
- Other tasks prescribed by the "mall"
② "Mall" may change the contents of goods or services to be provided under the contract in the future, such as goods or services out of stock or technical specifications. In this case, the contents of the changed goods or services and the date of delivery are immediately notified to the place where the current goods or services are posted.
③ If the "Mall" changes the contents of the service contracted with the user for reasons such as shortage of goods, etc. or change of technical specifications, the reason shall be immediately notified to the user by the address available for notification.
④ In the case of the preceding paragraph, the "mall" shall compensate the user for the damage caused by this. However, this is not the case if the "mall" proves that there is no intention or negligence.
Article 5 (Suspension of Service)
① The "Mall" may temporarily suspend the provision of services in the event of maintenance inspection, replacement, breakdown, communication failure, etc. of information and communication facilities such as computers.
② "Mall" shall compensate the user or a third party for damages caused by the temporary suspension of service provision due to the reasons referred to in paragraph 1. However, this is not the case if the "mall" proves that there is no intention or negligence.
③ If the service cannot be provided due to the conversion of business items, abandonment of business, or integration between companies, the "Mall" shall notify the user by the method prescribed in Article 8 and compensate the consumer according to the conditions originally set out in "Mall". However, if the "Mall" does not notify the compensation criteria, the users' mileage or reserves will be paid to the users in kind or cash corresponding to the currency value used in the "Mall".
Article 6 (Enrollment of Members)
① The user enters the membership information in accordance with the subscription form set by the "Mall" and signs that he/she agrees to these terms and conditions to apply for membership registration.
② "Mall" shall be registered as a member unless it falls under any of the following among users who have applied to join as a member as shown in paragraph 1.
- Where an applicant for membership has previously lost his/her membership pursuant to Article 7 ③ of this Agreement: Provided, That the foregoing shall not apply where a person who has three years since the loss of membership under Article 7 ③ has obtained approval for membership under the "Mall".
- In case there is a false, omitted entry or error in the registration.
- Where it is deemed that registration as another member is significantly impaired by the technology of the "mall".
③ The time when the membership contract is established shall be when the acceptance of the "mall" has been reached.
④ If there is any change in the registration under Article 15 ①, the member shall immediately notify the "mall" of the change by e-mail or other means.
Article 7 (Member withdrawal, loss of qualification, etc.)
① The member may request withdrawal from the "Mall" at any time, and the "Mall" shall process the withdrawal immediately.
② If a member falls under any of the following reasons, the "Mall" may restrict or suspend membership
- Where false information is registered at the time of application for membership.
- Payment for goods, etc. purchased using "mall", other "mall" Where a member fails to pay the debts incurred by the member in connection with the use on the due date;
- Where it threatens the order of e-commerce, such as obstructing others' use of "mall" or stealing such information;
- Where an act is prohibited by statutes or these terms and conditions by means of "mall" or is contrary to the public order;
③ If the same act is repeated more than twice or the reason is not corrected within 30 days after the "Mall" restricts or suspends membership, the "Mall" may lose its membership.
④ If the "Mall" loses its membership, cancel the membership registration. In this case, the member shall be notified and the member shall be given the opportunity to explain for at least 30 days prior to the cancellation of membership registration.
Article 8 (Notice of Members)
① If the "Mall" notifies the member, the member may make an agreement with the "Mall" to the designated e-mail address.
② "Mall" can be substituted for individual notices by posting on the "Mall" bulletin board for more than one week for notification to unspecified members. However, individual notices are given regarding matters that have a significant impact on the member's own transactions.
Article 9 (Application for Purchase)
The "mall" user shall apply for purchase on the "mall" in the following or similar manner, and the "mall" shall provide the following details in the purchase application. However, the application of subparagraph 2 or 4 can be excluded for members.
- Search and select goods, etc.
- Enter your name, address, phone number, e-mail address (or mobile phone number).
- Confirmation of the details of the terms and conditions, the service for which the right to withdraw the subscription is restricted, and the cost of delivery and installation.
- Marks agreeing to this Agreement and confirming or rejecting the above paragraph 3. (e.g., mouse click)
- Agreement on the application for purchase of goods, etc. and the confirmation of such goods or "mall"
- Selection of payment method.
Article 10 (Article of Contracts)
① The "Mall" may not accept the purchase application as shown in Article 9 if it falls under any of the following: However, if a contract is concluded with a minor, the minor himself or his legal representative shall be notified that the contract can be canceled if the consent of the legal representative is not obtained.
- Where there is a false, omitted entry or error in the application
- Where a minor purchases goods and services prohibited by the Juvenile Protection Act, such as tobacco, alcohol, etc.;
- Where it is deemed that acceptance of other purchase applications is significantly impeded by the "mall" technology;
② A contract shall be deemed to have been established at the time when the acceptance of the "Mall" has been reached to the user in the form of a receipt notification under Article 12 ①.
③ The sign of consent of the "Mall" shall include information on the confirmation of the user's purchase application and availability of sale, cancellation of the correction of the purchase application, etc.
Article 11 (Method of Payment)
Payment methods for goods or services purchased at the "Mall" may be made in any of the following ways: However, the "mall" shall not collect any nominal fee for the payment of goods, etc. for the user's payment method.
- Payment of various cards such as prepaid cards, debit cards, credit cards, etc.
- Payment upon receipt
- Payment by gift certificates that have been contracted with or recognized by the "mall"
Article 12 (Change or cancel receipt confirmation notice or purchase application)
① The "Mall" notifies the user of the receipt confirmation notice when the user requests the purchase.
② If there is a discrepancy in the indication of the intention, the user may request the change or cancel of the purchase application immediately after receiving the notification, and the "Mall" shall be processed without delay if requested by the user prior to delivery. However, if the payment has already been made, it shall be governed by the provisions of Article 15 on withdrawal of subscription, etc.
Article 13 (supply of goods, etc.)
① "Mall" takes other necessary measures such as custom manufacture, packaging, etc. so that the user can deliver the goods within 7 days from the date of subscription, unless there is a separate agreement with the user regarding the timing of supply of goods, etc. However, if the "mall" has already received all or part of the payment for goods, etc., it shall take action within five business days from the date of receipt of all or part of the payment. At this time, the "mall" takes appropriate measures to ensure that the user can check the supply procedures and progress of the goods.
② "Mall" specifies the delivery method, delivery fee by means, delivery period by means, etc. for goods purchased by the user. If the "mall" exceeds the agreed delivery period, the user shall compensate for the damage caused by it. However, this is not the case if the "mall" proves that there is no intention or negligence.
Article 14 (Refund part.A)
"Mall" notifies the user without delay when the user is unable to deliver or provide goods, etc. requested for purchase due to shortage of goods, etc., and if the user receives the goods, etc. in advance, he/she shall refund the goods within five working days from the date of receipt of the payment or take necessary measures for refund.
Article 15 (Refund part.B)
① A user who has entered into a contract with "Mall" for purchasing goods, etc. may withdraw his/her subscription within seven days from the date of receipt of the notification of receipt of the receipt.
② If the user receives goods, etc., he/she shall not return or exchange goods in any of the following cases:
- In the event that goods, etc. are lost or damaged due to a responsible reason to the user (However, if packaging, etc. is damaged to check the contents of goods, etc., the subscription can be withdrawn.)
- Where the value of goods, etc. has decreased significantly due to the use of the user or some consumption;
- Where the value of goods, etc. has decreased significantly over time to the extent that it is difficult to resell them;
- In the case of damage to the packaging of goods, etc., which are the original, where it is possible to duplicate goods, etc. with the same performance;
③ In the case of subparagraphs 2 through 4 of paragraphs ② , users' withdrawal of subscription is not restricted unless the "mall" has taken measures such as specifying where consumers can easily see that the withdrawal of subscription is restricted in advance.
④ Notwithstanding the provisions of paragraphs ① and ②, a user may withdraw his/her subscription within three months from the date of receipt of the relevant goods, etc. or within 30 days from the date of receipt of the relevant goods, etc. or the date he/she was informed of such fact, if the contents of the goods, etc. differ from the contents of the advertisement or the details of the contract.
Article 16 (Effects of withdrawal of subscription, etc.)
① "Mall" will refund the payment of goods, etc. already paid within three business days if the goods are returned from the user. In this case, if the "mall" delays the refund of goods, etc., the delayed interest calculated by multiplying the delayed interest rate determined and publicly notified by the Fair Trade Commission shall be paid to the users.
② "Mall" requests the business operator who provided the payment method to suspend or cancel the claim for the goods or other payment without delay when the user pays the payment by credit card or electronic currency in return for the above payment.
③ In the case of withdrawal of subscription, etc., the user shall bear the expenses incurred in returning the goods, etc. supplied. "Mall" does not claim any penalty or damages to the user due to withdrawal of subscription. However, if the contents of the goods, etc. are different from the contents of the advertisement in the table or the contents of the contract are implemented differently and the subscription is withdrawn, the "mall" shall bear the necessary expenses for the return of the goods, etc.
④ If the user pays shipping costs when receiving goods, etc., the "Mall" clearly indicates who pays for the cost when the subscription is withdrawn.
Article 17 (Personal Information Protection)
① "Mall" collects the minimum information required to fulfill the purchase contract when collecting information from users. Make the following mandatory and the rest optional.
- a full name
- Hope ID (for members)
- Password (for members)
- E-mail address (or mobile phone number)
② When the "Mall" collects personal information that can be personally identified by the user, it must obtain the consent of the user.
③ Personal information provided shall not be used for any purpose other than the user's consent or provided to a third party, and all responsibility for such information shall be "mall". Exceptions are made in the following cases:
- To inform the shipper of the minimum number of users required for delivery (name, address, phone number)
- Where a specific individual is provided in an unidentifiable form, as necessary for statistical preparation, academic research or market research;
- Where it is necessary for settlement of the payment in accordance with the transaction of goods, etc.;
- Where it is necessary to identify oneself to prevent theft;
- Where there is any unavoidable reason necessary by law or by law;
④Where the "Mall" requires the user's consent pursuant to paragraphs 2 and 3, the user shall specify or notify in advance the matters stipulated in Article 22 (2) of the Information and Communication Network Utilization Promotion Act, such as the identity of the person in charge of personal information management (affiliated, name and telephone number, other contact information), purpose of collection and purpose of use of information, information provision to third parties (providers, purpose of provision and information to be provided), and contents), and users may withdraw this agreement at any time.
⑤ Users may at any time request that their personal information held by "Mall" be read and corrected, and "Mall" shall be obliged to take necessary measures without delay. If the user requests correction of the error, the "mall" does not use the personal information until the error is corrected.
⑥ "Mall" shall minimize the number of managers for personal information protection and shall be fully responsible for damages caused by loss, theft, leakage, or tampering of users' personal information, including credit cards, bank accounts, etc.
⑦ A third party that has received personal information from "Mall" or others shall destroy the personal information without delay when it meets the purpose of collecting or receiving personal information.
Article 18 (Duties of the Mall)
① "Mall" shall not be prohibited by the Act and this Agreement or engage in acts contrary to the public domain, and shall do its best to provide goods and services in a consistent and stable manner as provided by this Agreement.
② "Mall" shall have a security system for protecting users' personal information (including credit information) so that users can safely use Internet services.
③ "Mall" shall be responsible for compensation for damages caused by unfair marking and advertising activities prescribed in Article 3 of the Act on the Fairness of Indications and Advertisements.
④ "Mall" does not send commercial e-mail that the user does not want.
Article 19 (Duties to the Member's ID and Password)
① Except in the case of Article 17, the member shall be responsible for the management of ID and password
② Members shall not allow third parties to use their ID and password.
③ If a member recognizes that his/her ID and password have been stolen or is being used by a third party, he/she shall notify the "Mall" immediately, and if there is a "Mall", he/she shall follow the instructions.
Article 20 (User's Duty)
The user shall not do the following:
- Registration of false information upon application or modification;
- Stealing other people's
- Change the information posted on the "mall"
- Send or post information (such as computer programs) other than those prescribed by the "mall".
- Infringement of intellectual property rights, such as "mall" and other copyrights of third parties.
- "Mall" or any act of damaging or obstructing the honor of a third party;
- Disclosure or posting of obscene or violent messages, images, voices, or other information against the public domain in the mall;
Article21 (The relationship between the connecting"mall"and the blood"mall"mall")
① If the parent "mall" and the child "mall" are linked by hyperlinks (for example, the target of a hyperlink includes letters, pictures, and fairy tales), the former is called the link "mall" (website) and the latter is called the blood link "mall".
② CONNECTION "Mall" shall not be held liable for the transaction performed with the user by the goods provided independently by the "Mall", if it is specified as the initial screen of the "Mall" or the pop-up screen at the time of connection.
Article 22 (Restriction on the attribution and use of copyright)
① Copyrights and other intellectual property rights to works by "Mall" belong to "Mall".
② Users shall not use information obtained from the use of "mall" for profit-making purposes or make it useful to third parties through reproduction, transmission, publication, distribution, broadcasting or other means without prior consent of "mall".
③ "Mall" shall notify the user of the copyrights attributable to the user in accordance with the agreement.
Article 23 (Dispute Resolution)
① "Mall" establishes and operates a damage compensation organization to reflect legitimate opinions or complaints raised by users and to compensate for such damages.
② "Mall" deals with complaints and opinions submitted by the user first. However, if it is difficult to process it promptly, the user will be notified of the reason and the processing schedule immediately.
Article 24 (Trial Rights and Compliance Laws)
① A lawsuit regarding the e-commerce dispute between Mall and users shall be filed with the Company's competent court.
② Korean law applies to e-commerce lawsuits filed between "mall" and users.
These Terms and Conditions apply as of November 1, 2020.