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CookieRun Store Terms of Service
Article 1 (Purpose)
The purpose of these Terms of Service (“Terms of Service”) is to set forth the rights, obligations and responsibilities of the Mall (as defined below) and the Users (as defined below) in connection with the use of Internet-related services (the “Services”) provided by CookieRun Store operated by Devsisters Corp.
Article 2 (Definitions)
(1) “Mall” means a virtual business site established by Devsisters Corp. to trade goods or services (“Goods, etc.”) using information communication facilities such as computers, etc. to provide the Goods, etc. to the Users, and it also means a business entity operating the mall.
(2) “User” means a Member or Non-Member who has accessed the Mall to use the Services to be provided by the ‘Mall’ in accordance with these Terms of Service.
(3) “Member” means a person who has registered as a member of the Mall, and is entitled to use the Services to be provided by the Mall on a continuous basis.
(4) “Non-member” means a person who uses the Services to be provided by the Mall without registering as a Member.
Article 3 (Posting, Explanation and Amendment of Terms of Service, etc.)
(1) The Mall shall post the content of these Terms of Service, company name, name of representative, address of the place of business (including the address of an organization handling consumer complaints), phone number, fax number, e-mail address, business registration number, mail-order business report number and the name of Chief Privacy Officer(“CPO”), etc. on the initial service page of the Mall in a manner easily understandable to the Users; provided, however, that, the content of these Terms of Service may be provided to the Users through a separately linked screen.
(2) The Mall shall provide a separate link or pop-up window that enables the User to understand certain key terms such as order cancellation, delivery liability, and terms of refund as set forth in these Terms of Service to obtain the User’s confirmation thereof prior to acceptance thereof.
(3) The Mall may amend these Terms of Service to the extent not in violation of the relevant laws, including, but not limited to, the Act on the Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Door-to-Door Sales, and the Framework Act on Consumers.
(4) If the Mall amends these Terms of Service, the Mall shall notify the effective date of the amended Terms of Service and reasons for such amendment, together with the Terms of Service currently in effect, by posting a notice on the initial page for a period from seven (7) days prior to such effective date to the day immediately preceding such effective date. Provided, however, that, if the Terms of Service are amended in a way that is unfavorable to the User, the amended Terms of Service shall be posted for at least thirty (30) days before the effective date. In this case, the Mall shall present a clear comparison between the Terms of Service currently in effect and the amended Terms of Service so that the difference(s) between the two are easily noticeable to the User.
(5) If the Mall amends these Terms of Service, the amended Terms of Service shall apply only to any contract to be executed after the effective date thereof, and the Terms of Service prior to the amendment shall apply to any contract executed prior to such effective date; provided, however, that if any User who has already executed a contract prior to the effective date of the amended Terms of Service notifies the Mall of his or her intention to be bound by the amended Terms of Service within the notice period of the amended Terms of Service under Paragraph (3) of this Article and obtains consent from the Mall, the amended Terms of Service shall apply to such User.
(6) Any matters not set forth in these Terms of Service and matters related to the interpretation of these Terms of Service shall be governed by the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Guideline on Consumer Protection in Electronic Commerce established by the Korea Fair Trade Commission, and other relevant laws and regulations or general trade practices.
Article 4 (Provision of and Modifications to Services)
(1) The Mall shall perform the following Services:
(2) If goods or services are sold out or their technical specifications have changed, then the Mall may modify the description of the goods or services to be provided under contracts to be executed in the future. In this case, the Mall shall immediately post the description of the goods or services so modified and the date of provision on the place where the description of the current goods or services is posted.
(3) If the Mall modifies the description of the Services that the Mall has agreed to provide under the contract executed with the User because the Goods, etc. are sold out or their technical specifications have changed, then the Mall shall immediately notify the User of the reason for the modification via an available method of contact.
(4) In the case referred to in the preceding Paragraph, the Mall shall indemnify the User for any resulting losses incurred by the User, unless it is proved that the Mall did not intentionally or by negligence cause such losses.
Article 5 (Suspension of Services)
(1) The Mall may temporarily suspend the provision of the Services under circumstances including but not limited to repair, inspection, replacement or breakdown of information and telecommunication equipment such as a computer or the loss of connection.
(2) The Mall shall indemnify the User or a third party for any losses incurred by them as a result of the temporary suspension of the Services due to causes set forth in Paragraph (1) above, unless it is proved that the Mall did not intentionally or by negligence cause such losses.
(3) If the Mall becomes unable to provide the Services due to reasons such as change of business type, abandonment of business or merger with another business, then the Mall shall give a notice thereof to the Users in a manner set forth in Article 8 hereof and compensate for any losses incurred by the Users pursuant to the terms and conditions initially proposed by the Mall; provided, however, that, if the Mall has not announced compensation standards, etc., then the Mall shall pay the Users for their mileage or accumulated points in kind or cash equivalent to the currency value thereof used in the Mall.
Article 6 (Membership Registration)
(1) The User shall apply for registration as a Member by expressing his or her consent to these Terms of Service after filling out the registration form prescribed by the Mall with its information.
(2) The Mall shall register the User who has applied for registration as a Member as set forth in Paragraph (1) above, unless the User falls under any of the following cases:
(3) A membership contract shall be deemed entered into when the User receives the Mall’s approval of a membership application.
(4) A Member shall, within a reasonable period, notify the Mall of any change in the membership information entered at the time of application for membership, by changing his/her information or other means.
Article 7 (Withdrawal from Membership and Disqualification)
(1) The Member may request withdrawal from membership at any time, and the Mall shall immediately fulfill such request.
(2) In any of the following cases, the Mall may restrict or suspend the membership of a Member:
(3) If the Member whose membership is restricted or suspended by the Mall repeats any actions set forth above for two or more times or fails to make the necessary corrections within thirty (30) days, then the Mall may disqualify such Member.
(4) If the Mall disqualifies a Member, the relevant Member’s registration shall be cancelled. In this case, the Mall shall notify the Member thereof and grant the Member an opportunity to provide an explanation for a period of at least thirty (30) days prior to the cancellation of the registration.
(5) The Mall shall deal with Members who have not used the Services for one (1) consecutive year from the date of use of the Services (the “Dormant Account”) in accordance with Devsisters Corp.’s dormant account policy.
Article 8 (Notification to User)
(1) If the Mall gives a notice to a specific Member, it may provide such notice to the e-mail address designated by the Member in advance.
(2) If the Mall gives a notice to an unspecified group of Members, it may post such notice on the Mall’s bulletin board for a period of at least a week in lieu of sending notices to individual Members; provided, however, that, any matters that may have a material effect on the transaction with a Member shall be notified to such Member individually.
Article 9 (Application for Purchase and Consent to Provide Personal Information, etc.)
(1) The Users shall apply for purchase of the Goods, etc. on the Mall by the following methods or other methods similar thereto, and the Mall shall provide each of the following methods in a manner easily understandable to the Users:
(2) If the Mall needs to provide a purchaser’s personal information to a third party, it shall inform the purchaser of following matters and obtain consent from the purchaser (the same shall apply when any of the following is modified): 1) the recipient of personal information; 2) the purpose for which the recipient of personal information uses such information; 3) items of personal information to be provided; and 4) the retention period.
Article 10 (Execution of Purchase contract)
(1) The Mall may not approve the application for purchase made pursuant to Article 9 hereof in any of the following cases; provided, however, that when entering into a contract with a minor, the Mall shall notify that the minor or his/her legal representative may cancel the contract if the consent of the legal representative is not obtained:
(2) A purchase contract shall be deemed entered into when the Mall’s approval of the User’s application for purchase in the form of a notice of confirmation of receipt set forth in Article 12(1) is delivered to the User.
(3) The foregoing notice of approval of the Mall shall include the confirmation of the User’s application for purchase and information related to the availability of the applicable Goods, etc., correction to or cancellation of the application for purchase.
Article 11 (Payment Method)
The User who purchases good or services on the Mall may make payment therefor by any of the following methods available; provided, however, that the Mall may not collect any additional fees from the User for the payment method selected by the User:
Article 12 (Notice of Confirmation of Receipt, Amendment to and Cancellation of Application for Purchase)
(1) If the User applies for purchase, then the Mall shall give a notice of confirmation of receipt thereof to the User.
(2) The User who receives the notice of confirmation of the receipt from the Mall may immediately make a request for an amendment to or cancellation of the application for purchase if the notice of confirmation of receipt contains any discrepancy, and if such request is made prior to the delivery of the relevant Goods, etc., the Mall shall handle such request without delay; provided, however, that, if the payment is already made by the User, then such request shall be handled in accordance with the provisions of Article 15 (Cancellation, etc., of Order).
Article 13 (Supply of Goods, etc.)
(1) Unless otherwise separately agreed, the Mall shall take any and all necessary actions such as customized production and packing processes to deliver the Goods, etc. to the User within seven (7) days from the date of the purchase order; provided, however, that, if the Mall has received all or a part of the purchase price of the Goods, etc., then the Mall shall take such necessary actions within three (3) business days from the date of receipt of such purchase price. In this case, the Mall shall also take appropriate actions so that the User may be able to confirm the progress of the delivery.
(2) The Mall shall clearly indicate delivery methods, payer of delivery costs and delivery time for each deliver method for the goods purchased by the User. If the Mall exceeds the agreed delivery time, then the Mall shall compensate for any losses incurred by the User, unless it is proved that the Mall did not intentionally or by negligence cause such losses.
Article 14 (Refund)
If the Mall is unable to deliver or supply the Goods, etc. ordered by the User because the Goods, etc. are sold out, then the Mall shall notify the User of the reason therefor without delay, and if the purchase price of such Goods, etc. is paid in advance, then the Mall shall refund the purchase price within three (3) business days from the receipt thereof or take actions necessary to refund the purchase price.
Article 15 (Cancellation, etc., of Order)
(1) The User who entered into a contract for purchase of the Goods, etc. with the Mall may cancel such contract within fourteen (14) days after the receipt of a document stating the terms of the contract in accordance with Article13(2) of the Act on the Consumer Protection in Electronic Commerce (if the Goods, etc. are delivered after the receipt of the above document, then fourteen (14) days after the date on which the Goods, etc. have been delivered or the delivery of the Goods, etc. has begun), unless stipulated otherwise in the Act on the Consumer Protection in Electronic Commerce or applicable laws and regulations of the country of destination in regards to the cancellation of orders.
(2) If the Goods, etc. are delivered to the User, then the User may not demand a return or exchange of the Goods, etc. in any of the following cases:
(3) In the cases referred to in Subparagraphs 2 through 4 of Paragraph (2) above, if the Mall has failed to give clear notification regarding the limitation on the cancellation of the purchase order in advance in a place where consumers can easily find it or take other necessary actions such as providing samples, etc., then the cancellation of the purchase order by the User shall not be limited.
(4) Notwithstanding the provisions of Paragraphs (1) and (2) above, if the Goods, etc. received are different from what was indicated or advertised, or not in compliance with the terms and conditions of the purchase contract, then the User may cancel the purchase order within three (3) months after the delivery of such Goods, etc. or within thirty (30) days from the date on which the User knew or could have known such fact.
Article 16 (Effect of Cancellation of Order)
(1) Upon the receipt of the Goods, etc. returned by the User, the Mall shall refund the purchase price thereof paid by the User to the User within three (3) business days from the date on which the Goods, etc. are returned to the Mall. In this case, if the Mall delays the refund of such purchase price, then the Mall shall pay interest calculated by multiplying the amount payable by the default interest rate specified in Article 21-2 of Enforcement Decree of Act on the Consumer Protection in Electronic Commerce for the period of delay.
(2) In making a refund, if the User has paid the price of the Goods, etc. by credit card or other means of payment such as electronic money, then the Mall shall promptly request a business operator who has supplied the relevant means of payment to stop or cancel the request for payment.
(3) In the event of any cancellation of an order, any expenses necessary for refund of the Goods, etc. shall be borne by the User. The Mall shall not claim any penalty for breach of contract or compensation for damages against the User on the basis of the cancellation of the order. However, if the Goods, etc. are materially different from what was indicated or advertised or not in compliance with the purchase contract and the User demands the cancellation of the purchase order as a result thereof, then any expenses necessary for refund of the Goods, etc. shall be borne by the Mall.
(4) If the User has paid the delivery cost for the Goods, etc. when receiving the Goods, etc., the Mall shall clearly indicate who shall be liable for the costs in case the order is cancelled in a manner easily understandable to the User.
Article 17 (Use of Points)
(1) The Mall may grant points (“Points”) to Members pursuant to the standards determined by the Mall.
(2) The Mall may revoke Points, file a criminal complaint or take other appropriate measures, if the Mall finds that Points were acquired by any fraudulent or illegitimate means.
(3) Points will expire in any of the following cases:
1. If the Member withdraws from membership; or
2. If the validity period of Points expires.
Article 18 (Use of Coupons)
(1) The Mall may issue discount coupons (“Coupon(s)”) to Members at its sole and absolute discretion.
(2) Coupons cannot be used after the expiration date.
(3) Each Coupon can only be used once. In case of cancellation of an order of Goods, etc. purchased using a Coupon, the used Coupon will expire and cannot be redeemed again.
(4) Members may use Coupons only for their own purchases. Coupons cannot be sold, transferred or exchanged for cash or credit.
(5) If a Member obtains a Coupon fraudulently, unlawfully or otherwise unfairly, the Member cannot use the Coupon and shall bear all liabilities arising therefrom, and the Mall may revoke or cancel the Coupon.
(6) If a Member withdraws from membership or becomes disqualified pursuant to Article 7 hereof, any unused Coupons will expire.
Article 19 (Protection of Personal Information)
(1) When collecting personal information from the Users, the Mall shall only collect the minimum information to the extent necessary to provide the Services.
(2) The Mall shall not collect information necessary to perform a purchase contract in advance at the time of membership registration, unless certain minimum personal information is collected for identification purposes prior to the execution of a purchase contract for the performance of obligations under applicable laws.
(3) In collecting or using a User’s personal information, the Mall shall inform the User of the purpose of collection and use, and obtain consent thereto from the User.
(4) Unless permitted under applicable laws and regulations, the Mall may not use the personal information collected for purposes other than the stated purposes and shall inform the User of new purpose of use, if any, or provision of personal information to a third party and obtain consent thereto from the User when using or providing the data.
(5) If the Mall is required to obtain consent from the Users pursuant to Paragraphs (2) and (3) above, then the Mall shall notify the Users in advance of the purpose(s) for collecting and using the information, matters related to the provision of information to a third party (such as the person to whom the information is furnished, purposes of provision and items of the information furnished) and other matters stipulated under the Personal Information Protection Act, and the Users may withdraw such consent at any time.
(6) The Users may, at any time, demand access to or correction of errors in the Users’ personal information registered on the Mall, and in this case, the Mall shall be obligated to take necessary actions without delay. If any User requests the Mall to correct an error, then the Mall shall not use the relevant personal information until the correction is made.
(7) The Mall shall keep the number of persons who handle personal information of the Users at a minimum necessary for the protection of personal information, and be solely responsible for any loss incurred by the User due to the loss, theft, leakage, provision to a third party without consent or alteration of the User’s personal information, including credit card and bank account information.
(8) The Mall or any third party that receives personal information from the Mall shall destroy the personal information without delay when the purpose of collection and provision to a third party is achieved.
(9) The Mall shall not have the check box indicating a User’s consent to the collection, use and provision of personal information ticked by default in advance. In addition, the Mall shall specifically list the Services that are unavailable if the User does not consent to the collection, use and provision of personal information. The Mall shall not limit or refuse to provide the Services, including membership registration, because the User did not consent to the collection, use and provision of optional personal information (i.e., non-required items).
Article 20 (Obligations of the Mall)
(1) The Mall shall not engage in any actions that are prohibited by applicable laws or these Terms of Service or which are in violation of the good morals and other social orders, and shall use its best efforts to provide the Goods, etc. in a consistent and stable manner as set forth herein.
(2) In order to secure a safe Internet environment for the Users, the Mall shall be equipped with a security system to protect the Users’ personal information (including their credit information).
(3) The Mall shall be liable to indemnify the Users for any damages incurred by the Users as a result of the unfair labeling or advertising of the goods or services provided by the Mall as prescribed in Article 3 of the Act on Fair Labeling and Advertising.
(4) The Mall shall not send an advertising e-mail for profit-making purposes against the will of the Users.
Article 21 (Member’s Obligations Related to ID and Password)
(1) The Members shall be responsible for the management of their ID’s and passwords, except as provided under Article 19 hereof.
(2) The Members shall not permit any third party to use their ID’s and passwords.
(3) If the Members become aware that their ID’s and passwords have been stolen or used by a third party, then the Members shall immediately give notice thereof to the Mall and follow the Mall’s instructions, if any.
Article 22 (Obligations of User)
Users shall not:
Article 23 (Copyright and Restrictions on Use)
(1) The Mall shall retain copyrights and other intellectual property rights with respect to any works created by the Mall.
(2) Users shall not reproduce, transmit, publish, distribute, broadcast, or otherwise use for profit, or permit a third party to use the information that are obtained through the use of the Mall and to which intellectual property rights belong to the Mall without the Mall’s prior consent.
(3) The Mall shall inform a User of the use of copyrights contracted to be vested in the User.
(4) The Mall shall have a free-of-charge, perpetual and unlimited right to use the intellectual property rights related to works created by Users while using the Services of the Mall (ratings, reviews, photos and videos, likes, comments, event participation, profile information including nicknames, etc.).
Article 24 (Dispute Resolution)
(1) The Mall shall establish and operate an organization for handling compensation for damages to reflect reasonable opinions or complaints raised by the Users and to compensate for damages incurred by the Users.
(2) The Mall shall handle any complaints or opinions submitted by the Users as a matter of priority; provided however, that if it is difficult to handle such complaints or opinions promptly, then the Mall shall immediately notify the Users of the reason, and a schedule for when such complaints or opinions will be handled.
(3) If any User files a petition for relief in connection with an e-commerce dispute arising between the Mall and the User, then the dispute may be resolved through mediation by a dispute mediation agency appointed by the Korea Fair Trade Commission or the governor of the relevant city or Do.
Article 25 (Jurisdiction and Governing Law)
(1) Any legal proceedings brought in connection with an e-commerce dispute arising between the Mall and any User shall be subject to the exclusive jurisdiction of the Seoul Central District Court for the first instance.
(2) Any legal proceedings related to an e-commerce dispute arising between the Mall and any User shall be governed by the laws of Korea.