Article 1 (Purpose)
- The purpose of this agreement is to define the rights, obligations and responsibilities of customers in connection with the use of services (hereinafter the Services) provided through an e-commerce website (Amorepacific Mall, Global.amorepacificmall.com, hereinafter the Mall) by Amorepacific (e-commerce business, hereinafter the Company).
Article 2 (Definitions)
- ① Mall: a virtual marketplace created by the Company using computers and IT systems to provide the Service including transaction of selling goods and services (hereinafter the Goods and Services) for customers. It also refers to the Company running the Mall.
- ② Customers: members and non-members access and visit the Mall to use the Service provided by the Company in accordance with the terms and conditions of this agreement.
- ③ Service: tangible and intangible actions provided by the Company to users within the scope of work stipulated in Article 4.
- ④ Member: an individual registered as a member of the Mall by providing personal information, eligible to be provided with information about the Mall and use the Service through the Mall.
- ⑤ Non-member: an individual who uses the Service provided by the Mall without signing up for membership.
Article 3 (Stipulation of terms and conditions, description and revision thereof)
- ① The Company shall disclose the terms and conditions of this agreement, the name of the Company and CEO, location of business office (including the location of an office handling customer complaints), phone number, fax number, e-mail address, business license, mail-order business license and persons in charge of handling of personal information in the main page of the Mall to ensure easy access for customers. However, the terms and conditions of this agreement may be accessible through a link.
- ② The Company shall provide a redirect page and/or pop up to help customers understand important matters including but not limited to withdrawal of purchase contract, liability for shipment and conditions for refund as stipulated herein and seek their agreement.
- ③ The Company shall hold the right to revise the terms and conditions of this agreement within the scope of applicable laws including the Act on the Consumer Protection in Electronic Commerce, Etc, Act on the Regulation of Terms and Conditions, Framework Act on Electronic Commerce, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Act on Door-to-Door Sales, Etc, and Consumer Protection Act.
- ④ The Company shall notify members of the revision and particulars of the revision at least seven (7) days (thirty (30) days, if the revision is disadvantageous to members) before the revised agreement comes into effect (hereinafter the Effective Date). In such case, the Company shall clearly show what has changed after the revision to help customers easily understand.
- ⑤ Members will be deemed to have accepted the revised terms and conditions unless they give their explicit refusal to the Mall as the Company clearly stated in the Clause 4) that thirty (30) days will be given to express their intention before the revised agreement comes into effect.
- ⑥ If members do not agree to the revised agreement for the use of the Mall, the Company shall not apply the revision to members in question. In this case, members may terminate their agreement for the use of the Mall. However members will be deemed to have accepted the revision, if they continue to use the Mall.
- ⑦ Any items not stipulated herein and the terms and conditions of this agreement shall be subjected to the Act on the Consumer Protection in Electronic Commerce, Etc, Act on the Regulation of Terms and Conditions, Guidelines for the Consumer Protection in Electronic Commerce set forth by the Korean Fair Trade Commission and applicable laws, or commercial practice.
Article 4 (Provision of Services and Changes thereof)
- ① The Company provides the following services through the Mall:
- 1. Provision of information about the Goods and Services and agreement for making purchase
- 2. Delivery of the Goods and Services for which purchase agreements have concluded
- 3. Services involved with purchase agreements and delivery
- 4. Handling of customer inquiries in connection with the Goods and Services involved
- 5. Scope of work stipulated by the Company
- ② The Company may change the Goods and Services for which an order is placed after, for example, the Goods and Services go out of stock, and their specifications have changed. In this case, the Company shall inform the change to the Goods and Services and when the change will come into effect on the same place where the Goods and Services are posted.
- ③ If there is any change to the Goods and Service for which an order is placed after the Goods and Services go out of stock and their specifications have changed, the Company shall notify customers of the change and its reason in a prompt manner.
- ④ The Company has the obligation to compensate for damage incurred as per the Clause 3. However, the Company will be exempted from obligation, if the Company proves the change was not intentional and/or it is not responsible for such damage.
Article 5 (Suspension of the Service)
- ① The Company may notify customers and then suspend the Service in the event of maintenance, overhaul, replacement and malfunction of computers and communication equipment, and network error.
- ② The Company has the obligation to compensate for damage resulted from the suspension of the Service as per the Clause 1. However, the Company will be exempted from obligation, if the Company proves the suspension of the Service was not intentional and/or it is not responsible for such damage.
- ③ In the event that the Company becomes no longer able to provide the Service through the Mall due to change of business item, business discontinuation and merger of business, the Company shall give notice of the Service termination to customers in advance.
Article 6 (Membership)
- ① Customers may read the terms and conditions of this agreement, fill out the membership application form set by the Company and then check the consent box to express their consent to the terms and conditions of this agreement. By clicking the consent box, customers will be deemed to have accepted the terms and conditions of this agreement.
- ② The Company shall register customers who have applied to be a member as per the Clause 1 except in the following cases:
- 1. False information, incomplete and error in the membership application form
- 2. Children under fourteen (14) years of age. However, the Company may collect personal information of children under fourteen (14) years of age upon the consent of their legal representative (including parents) in order to protect their personal information.
- 3. Use of another person’s identity in the membership application form
- 4. If there is an intention of disrupting social order, established morals and good manners
- 5. If customers fail to meet other requirements set forth by the Company
- ③ In any of the following cases, the Company may withhold the approval of membership application until the concerned issue is resolved:
- 1. Systems and facilities for the Service running at maximum capacity
- 2. Technical difficulties
- 3. Otherwise required by the Company
- ④ The membership agreement will be concluded when the notification of the Company’s approval reaches customers who have applied for the membership.
- ⑤ All information provided by customers to the Company through the membership application form will be deemed to be factual. Customers will not be able to come under the protection of the law and may be restricted from using the Service, if they failed to provide their real name and/or correct information.
- ⑥ Membership are obligated to inform the Company of any changes to their registered information via e-mail and/or other means in a prompt manner. The Mall shall hold no liability for any loss resulted from their failure to notify the Company as stipulated above.
Article 7 (Withdrawal and/or Revocation of Membership)
- ① Members may request the Company to withdraw the membership and/or take necessary measures, for example, deleting their post.
- ② The Company shall restrict, suspend and revoke the membership in the following cases:
- 1. False information in the membership application form and/or when changing their information
- 2. Failure to fulfill their obligation for the Goods and Services purchased from the Mall by the due date and/or outstanding payment due in relation to the use of the Mall
- 3. Hindrance to others using the Mall, identity theft and/or violation of the order in e-commerce
- 4. Sabotage of the operation of the Service
- 5. Spread of malware that could cause computers and IT systems to malfunction and/or destroy data
- 6. Illicit use of, for example, malfunction and error in computers and IT systems when using the Mall
- 7. Unauthorized use of personal information, ID and password of another person
- 8. Unauthorized reproduction, distribution and/or commercial use of information gained through the Service of the Company
- 9. Use of the Mall to engage in activities opposed by the laws, this agreement and/or public order
- ③ The Company shall expunge the registered information when the members no longer qualifies for the membership. In such case, the Company shall notify members of their expulsion from membership at least thirty (30) days to provide an opportunity to explain themselves.
Article 8 (Notifications to Members)
- ① The Company may send notifications to individual members at e-mail address specified by the members and/or contact information specified in the membership information.
- ② The Company shall post the notice on the online service board for one (1) week or longer in a case that the Company needs to notify a large number of members. However, the notification that would greatly affect purchase of the members shall be sent individually.
Article 9 (Purchase Order)
- Customers may purchase as per the process described below and/or similar method and the Company shall clearly inform customers of each step of the process herein through the Mall. However, Clause 2 and/or 4 below may not apply to the members.
- 1. Search and selection of the Goods and Services
- 2. Provision of information required for purchase and shipment including address
- 3. Understanding of the terms and conditions of this agreement, services for which the contract cannot be withdrawn, shipping rate, installation fee and other expenses
- 4. Expression of agreement or disagreement to the terms and conditions of this agreement and the Clause 3
- 5. Order of the Goods and Services, confirmation thereof and confirmation by the Company
- 6. Selection of payment method
Article 10 (Purchase Agreement)
- ① The Company may not grant a request from customers for purchase in any of the following cases. However, purchase orders placed by minors may be canceled by the minors and/or their legal representative, if approval for the said purchase is not given by the legal representative.
- 1. False information, incomplete and error in the order form
- 2. Orders placed by minors without the approval from their legal representative
- 3. If the Company sees technical difficulties in the course of approving the purchase request
- ② The approval of a purchase request will be sent from the Company to customers via e-mail and once e-mail reaches customers, the purchase contract will be concluded.
- ③ Expression of the approval in the Clause 2 includes confirmation of the purchase request, availability of the good(s) ordered and instructions as to how to alter and/or cancel the order.
Article 11 (Payment Methods)
- Methods of payment for the Goods and Services purchased from the Mall are as follows and the Company will not collect extra commission in relation to payment methods.
- 1. Account transfer via the Internet, phone and others
- 2. Debit, prepaid and/or credit card
- 3. Direct online deposit
- 4. Mobile phone payment
- 5. Other notified methods allowed by applicable laws and/or accepted by the Mall
Article 12 (Confirmation Notice, Purchase Order Change and Cancellation)
- ① The Company shall send a confirmation notice to customers upon their purchase request.
- ② Customers may alter and/or cancel their purchase through the Mall website or phone upon the receipt of the confirmation notice, for example, if an inconsistency is found in the expression of intention and the Mall shall process their request in a timely manner. However, the terms and conditions about the withdrawal of purchase contract herein shall be applied, if payment has already been made.
- ③ The Company shall allow customers to return the good(s) purchased according to the process of purchase contract withdrawal, if the Company is unable to handle the request from customers for change and/or cancellation.
Article 13 (Shipment)
- ① The Company shall ship the Goods and Services within seven (7) days after the order is made, unless otherwise agreed with customers about the shipment. However, the Company shall take all necessary steps to ship the Goods and Services within two (2) business days, if the payment for the said Goods and Services has been made in whole or in part. In such case, the Company shall allow customers to track the supply and shipment of their order.
- ② The Company shall inform customers of the shipping method, at whose expense their purchase will be shipped and how long it would take based on the choice of shipping method through the Mall. If the shipment is delayed and not arrived by the promised date due to willful and/or neglectful action by the Company, the Company shall compensate for any loss incurred as a result. However, the Company will be exempted from obligation, if the Company proves the delay was not intentional and/or it is not responsible for such damage.
- ③ The Company is obligated to package the ordered good(s) in such a manner as to provide sufficient protection against damage during shipping. If the Goods and Services are delivered to customers upon the contract according to the Consumer Protection in Electronic Commerce, Etc, the Company shall send the details of the Goods and Services in writing (hereinafter the Bill) to customers along the order.
Article 14 (Refund)
- If purchase order cannot be fulfilled due to the good(s) out of order or any other reason, the Company shall inform customers of the reason in a timely manner and if payment for the said order has already been received, the Company shall refund the payment or undertake the refund process within three (3) business days upon the receipt of payment.
Article 15 (Withdrawal of Purchase Contract)
- ① If customers request for exchange and/or return due to negligence of the Company including mis-delivery, good(s) not delivered, damage and defective good(s), the Company shall undertake the refund process within seven (7) days upon the receipt of returned good(s) and/or request from customers.
- ② Customers may not be able to exchange and/or return the Goods and Services in any of the following cases:
- 1. Loss and/or damage of the good(s) attributable to customers
- (not applicable to loss/damage done to the packaging for the purpose of checking the good(s) inside)
- 2. Significant decrease in the value of the good(s) due to use and/or partial consumption by customers
- 3. Significant decrease in the value of the good(s) due to passage of time to a point where resale of the said Goods and Services has become difficult
- 4. Good(s) can be duplicated to good(s) of equal performance and the packaging of the original good(s) has been damaged
- ③ Customers will not be limited from their right to request for the withdrawal of purchase contract, if the Company failed to present the conditions for which the withdrawal of purchase contract is limited as per the Clause 2 and/or Clause 4, Article 2.
- ④ If the good(s) is found to be not as specified, advertised or otherwise not consistent, customers may withdraw their purchase contract within three (3) months of receiving the good(s) or within thirty (30) days of discovering or being able to discover such fact, notwithstanding stipulations of Article 1 and 2 herein.
Article 16 (Effect of Purchase Contract Withdrawal)
- ① The Company shall give a full refund for the good(s) received from customers within three (3) business days (batch refund on every Tuesday and Friday) upon the receipt. If the Company fails to make the refund within the said period, the delay interest shall be paid to customers as set forth by the Korean Fair Trade Commission.
- ② If payment for the good(s) is made using credit card or electronic currency, the Company shall immediately contact the said service provider to stop or cancel the transaction.
- ③ Customers are required to pay the cost associated with the return of the good(s) upon the withdrawal of purchase contract. The Company will not seek penalty or compensation from the customer for their withdrawal of purchase contract. However, the cost associated with the return of the good(s) shall be paid by the Company in a case that customers withdraw their purchase contract because the received good(s) are not as specified, advertised or otherwise not consistent with the contract.
- ④ Customers are responsible for the return shipping charges (two-way shipping charges if the good(s) has been delivered free; one-way shipping charge if the good(s) were delivered prepaid by customers) and remittance free and the Company shall only issue a refund once the return of the good(s) has been confirmed.
- ⑤ Customers are responsible for the shipping charges for exchange/return in the event that they have simply changed their mind.
- ⑥ Customers are responsible for the cost associated with the good(s) returned due to their skin troubles and the return request shall be made within thirty (30) days after the receipt of the good(s). The Company will cover the shipping charge upon the receipt of written medical report by a dermatologist, but customers are responsible for the cost associated with the checkup. However, the Company shall bear the expense incurred in connection with the medical report only when the casual relationship between cosmetics and skin trouble is acknowledged to a certain level, or the said medical report is issued for the purpose of treatment.
- ⑦ Customers are responsible for the shipping charge, if the good(s) is returned due to their absence at the shipping location or unknown address.
- ⑧ Customers are required to return all the free items including giveaways, promotional gifts provided along the order when returning the ordered good(s). If customers have used the said free items, the Company shall deduct the same amount before giving the refund, unless otherwise the return of the good(s) is attributable to the Company.
Article 17 (Privacy)
- ① The Company collects minimal personal information required to provide the Service for customers.
- ② The Company shall seek consent from customers to collect their personal information as per the Clause 1 in compliance with applicable laws.
- ③ The Company shall not use the collected personal information for purpose other than the specified herein or disclose to a third party; the Company holds full responsibility for the protection of personal information, except the following cases:
- 1. To provide the shipping company with minimal personal information (name, address, phone number) for shipping
- 2. To provide for statistical data, academic research and market research in which personal information is processed to be not personally identifiable
- 3. To calculate and settle the cost of providing the Service
- 4. Required by applicable laws and regulations
- ④ The Company shall state and/or notify customers of the person in charge of management of personal information (department, name, phone number and other contact information), purpose of collection and use of personal information, disclosure of information to a third party (to whom, why and what information will be disclosed) and stipulations of the Privacy Act and Act on the Promotion of Information and Communications Network Utilization and Information Protection when the consent from customers is required as per the Clause 2 and 3, and customers has the right to withdraw their consent at anytime.
- ⑤ Customers may request the reading and correction of their personal information registered to the Company and the Company shall take necessary steps in a timely manner. Upon the request for correction from customers, the Company shall not use the related information until the correction is made.
- ⑥ The Company allows only a minimum number of personnel to access personal information of customers, sets up a corporate policy for access and management of personal information as well as an access control and lock system and ensures compliance of all employees with the policy for protection of personal information.
- ⑦ Personal information provided to the Company or a third party through the Company will be deleted immediately after the purpose of collection of personal information is fulfilled unless otherwise required to be kept by applicable laws.
- ⑧ The Company shall comply with the Act on Protection and Utilization of Location Information in a case that location information is required.
Article 18 (Responsibilities of the Company)
- ① The Company shall not act in violation of applicable laws, terms and conditions of this agreement and good public order; the Company shall make the best endeavor to ensure continuous and stable supply of the Goods and Services as set forth herein.
- ② The Company shall be equipped with security system for protection of personal information (including credit information) and secure use of the Service.
- ③ The Company is liable for any damage to customers incurred as a result of misleading advertisement of the Goods and Services as specified in the Act on Fair Labeling and Advertising.
- ④ The Company shall not send e-mail advertisements for the commercial purpose against the explicit refusal of customers.
Article 19 (Responsibilities of Members for ID and Password)
- ① The members shall hold the sole responsibility for management of ID and password.
- ② The members shall not allow a third party to use their ID and password.
- ③ The members shall notify the Company of theft or unauthorized use of their ID and password by a third party and follow the instructions provided by the Company.
- ④ The Company shall hold no liability for any loss incurred as a result of violation of the Clause 2 and 3.
Article 20 (Responsibilities of Members)
- ① Customers are prohibited from doing the followings; or the Company may take actions according to applicable laws, the terms and conditions of this agreement and corporate policy.
- 1. False information when applying for the membership and/or changing their personal information
- 2. Theft of another person’s information
- 3. Unauthorized modification to information posted via the Mall
- 4. Sending/posting of data (for example, computer program) not permitted by the Company
- 5. Infringement of the intellectual rights of the Company or a third party
- 6. Engagement in activities intended to defame and/or interfere with business of the Company or a third party
- 7. Impersonation as one of the managers of the Mall or an employee of the Company
- 8. Posting, disclosure and distribution of obscene and violent messages, video, sound and anything against public order and good morals
- ③ Customers are required to provide information that’s correct and complete using their real name; otherwise they will not be able to exercise their right, if they register false information or information of another person.
- ④ Customers are required to comply with the terms and conditions of this agreement, regulations and notification set forth by the Company and applicable laws and must not engage in any activities interfering business of the Company and the Mall, and taken to discredit the Company.
- ⑤ Customers are required to inform the Company of address, contact information and e-mail address in a timely manner or otherwise the Company shall not take the responsibility for any consequent loss and damage.
- ⑥ Customers are not allowed to engage in business activities using the Service without prior approval from the Company and the Company shall not take the responsibility for consequence of the said business activities. Moreover, customers will be brought to account for any damage and loss caused to the Company as a result of their business activities and the Company may restrict the customers involved from using the Service and seek compensation through due process.
Article 21 (Responsibilities for Link to the Website)
- ① The Company may link the Mall to another website using the hyperlink (in the format of strings, pictures and video).
- ② The Company shall hold no liability for transactions between customers and the website linked to the Mall, if it is clearly stated via the main page of the Mall and/or popups along the link.
Article 22 (Rights to Intellectual Property and Restrictions)
- ① The Company reserves all copyrights and intellectual property rights to all posts published by the Company.
- ② Customers shall not copy, send, publish, distribute, disclose or otherwise use any of information obtained through the use of the Mall, or allow a third party to use materials for which the Company holds the rights.
- ③ The rights to materials posted by customers through the Service are reserved by the said customers, but the Company may use their materials in the Mall for the purpose of operation, exhibition, delivery, distribution and advertisement of the Service free of charge, within the service scope of the Mall.
- ④ If material posted by customer is deemed to be an infringement upon the rights of a third party and/or violation to public order and good morals, operation policy of the Mall, the Company may at its own discretion delete the said material and take necessary steps.
Article 23 (Provision of Information)
- ① The Company may provide members with information that’s deemed to be required for the use of the Service via e-mail or postal mail upon the consent of members.
- ② The Company may request additional personal information for the purpose of improving the quality of the Service and introducing new services to customers.
Article 24 (Resolution of Disputes)
- ① The Company shall set up and run a customer service center to handle valid argument raised by customers, their complaints and compensation for damages to customers.
- ② The Company shall first and promptly address complaints and queries received from customers. If the Company is unable to take prompt actions, customers shall be informed of the reason and schedule by the Company.
- ③ Disputes between the Company and customers in connection with e-commerce shall be subject to arbitration of Korean E-commerce Mediation Committee in accordance with the Framework Act on Electronic Commerce and Enforcement Decree thereof.
Article 25 (Jurisdiction and Governing Laws)
- ① Lawsuit in relation with disputes between the Company and customers in electronic commerce shall fall within the jurisdiction of the court at the address of the concerned customers of the time when the suit was filed and if no address is known, the local court at the place of residence of the concerned customers shall be a competent court. If address or place of residence of customers are not known, or the said customers stay abroad, the lawsuit shall be filed to a competent court according to the Civil Procedure Code.
- ② All disputes and legal proceeding between the Company and customers shall be subject to the laws of the Republic of Korea.
- [Supplementary Provision] (Effective Date)
- This agreement comes into effect on October 31, 2017.