This document serves as a translation to the original terms and conditions in Korean.
All disputes will be settled according to original Korean version of the terms and condition.
Article 1 (objective)
This terms and condition defines the e-commerce and the user's rights and responsibility in using the OFOTD(hereafter "mall") and the online service provided (hereafter "service"). *Unless the nature of other online commercial interaction is different, this terms and condition will apply.
Article 2 (definitions)
1. "Mall" is the online site of business where Oscar Futurera Ltd. Set up by IT equipments for provides goods and services (hereafter “goods”). It may also refer to the business operator of the said business.
2. “User” is defined as members and non-member who uses the services on the “mall” in accordance to the terms and conditions. 3. “Member” is a user who registered as a member on the “mall” for continuous usage of the “mall.” 4. “Non-member” is a user who is not registered on the “mall” but uses the service provided.
Article 3 (Announcement of terms and considtions and its provisions)
1. The “mall” provides the following information for users’ convenience on the top page of OFOTD: Terms & Condition, name of the business and the CEO, office address (including the address where consumer complains may be settled), phone number, fax number, email address, business registration number, Ecommerce registration number, name of the officer in charge of privacy information. However, the full terms & condition will be linked for users to see the full content.
2. “Mall” should provide a pop up or redirected page to show the full terms of agreement, cancellation to the agreement, responsibility of delivery, refund policy and other important policies so that the users may easily understand and confirm.
3. “Mall” may change the policy within the limits of law, such as PERSONAL INFORMATION PROTECTION ACT, ACT ON THE REGULATION OF TERMS AND CONDITIONS, FRAMEWORK ACT ON ELECTRONIC DOCUMENTS AND TRANSACTIONS, ELECTRONIC FINANCIAL TRANSACTIONS ACT, DIGITAL SIGNATURE ACT, ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC, ACT ON DOOR-TO-DOOR SALES, FRAMEWORK ACT ON CONSUMERS, and other relevant law.
4. When “mall” needs to amend its terms and conditions, it needs to specify the pre-exiting and the amended terms and conditions, the changes will be displayed on the top page from seven days prior and post the application of the new terms and conditions. If the amendment is considered less favorable to the user, the announcement will be made thirty days prior to the application of the new terms. In such case, the “mall” shall display the new terms in clear and concise way, to the best of its ability.
5. When the “mall” amends the terms and condition, the updated terms will be applied to the new contracts made after the date of the term’s application. Any contracts borne before the new term’s application will be kept with the old terms and conditions. If the user prefers to have the new terms applied to old contract, they must contest the contract’s term within the announcement term as specified in article 3 and obtain the “mall’s” agreement.
6. For any claim not covered by this document and its interpretation, the claim will be decided according to the legal parameters in section 3 of this article.
Article 4 (Service provided and changes)
1. “Mall” shall provide the following operation: Provide information on the service and goods and purchase transaction Physical delivery of purchased goods Digital delivery of purchased goods Other operation defined by “mall”
2. “Mall” may change the goods and services provided if there’s stock issue or technical changes for new contracts. In such case, the date of change will be announced on where the current goods and services are provided immediately.
3. If the “mall” needs to change the goods and services due to technical issues and/or stock issues, the “mall” will immediately contact the user to notify the changes.
4. In the last clause, the “mall” will compensate for user’s damage incurred. However, if the “mall” is not at fault or intended the damage, the “mall” is not responsible for the damage.
Article 5 (interruption of service)
1. The “mall” may interrupt the service due to IT setup’s change, equipment change, maintenance, and other reasons.
2. The “mall” will pay for damages incurred due to the interruption with the reasons as stated in clause 1. However, if the “mall” is not at fault or intended the damage, the “mall” is not responsible for the damage.
3. If the “mall” is no longer able to provide the service and goods due to reasons such as business model change, dissolution, merger, and more, “mall” will notify the consumer as defined in article 8 and cover the damages as “mall’s” suggested conditions. However, if there is no previously agreed upon condition, the “mall” will provide cash equivalent mileage or points that could be used the same way as cash within the “mall” to the user.
Article 6 (member registration)
1. User may register as a member by filling out the form provided by “mall” and agreeing to this terms and condition
2. “Mall” shall register users unless they fall under following conditions: i) If the applicant has lost its membership in the past. However, as per article 7 clause 3, if the applicant has tained “mall’s” permission to re-apply and passed three years since the applicant lost the membership the applicant may be re-register ii) If the applicant appears to have false information, omitted information, wrong entry to the registered information iii) Other instances where “mall” is technically significant issue registering the applicant
3. The membership registration’s contract will be deemed complete at the time “mall’s” approval has been delivered to the member.
4. Member must notify within reasonable time frame if there are any changes to the registered information via means of personal information update and other.
Article 7 (withdrawal/cancel of membership)
1. A member may request a withdrawal of membership at any time to “mall” and “mall” shall delete the member’s account immediately.
2. If the member has met any of the following conditions, “mall” may limit or cancel the membership I) The registered information is false II) If the member does not pay for the goods and services provided III) Disrupt other “mall” users or the rules of the online commerce such as misusing other user’s information. IV) Commit illegal act as defined by law and by this terms and conditions using “mall.”
3. Upon suspension or limit on the member’s account, “mall” may cancel the membership if similar infractions are repeated two or more times, or if the infraction has not been corrected within thirty days.
4. When “mall” cancels the membership, the membership will be terminated. In such a case, “mall” shall notify the member and give thirty day grace period to rectify the issue.
Article 8 (notification to the member)
1. When “mall” is notifying a member, the “mall” may contact the member by member designated email address.
2. When “mall” is notifying to a non-identifiable, large number of members, “mall” may post the announcement on “mall’s” bulletin board in lieu of individual notification. However, if the notification heavily concerns individual transaction, personalized notification will be sent.
Article 9 (Application to purchase and agreement to provide personal information)
1. “Mall” user shall request purchase on “mall” using the following method or similar methods, and “mall” should specify the following information in an accessible and comprehensible manner: Selection and search of Goods and services Input of recipient’s name, address, and phone number, email address (or cellphone number) Confirmation of terms and condition, services with limited cancellation, delivery and handling fee, and other incurring costs and related information Agreement to the terms and conditions, such as clicking yes with a mouse. Confirmation to the request to purchase the goods and services or any additional points to confirm from “mall.” Payment method selection
2. If “mall” must provide the purchaser’s personal information to a third party, it must provide the following information to the purchaser and get an agreement. (Same applies to if the content of the agreement changes)
(1) The 3rd party being shared the personal information
(2) Purpose of sharing the personal information
(3) The category of personal information
(4) How long the information will be stored and used
3. If “mall” consigns any work to a 3rd party that deals with purchasers’ personal information “mall” must provide the following information to the purchaser and get an agreement. (Same applies if the content of the agreement changes.
(1) The 3rd party being shared the personal information
Article 10 (Establishment of contract)
1. “Mall” may refuse purchase if any of the following cases. However, if the purchaser is a minor and unable to obtain a consent from a legal guardian, the contract may be nullified by the purchaser or their guardian. If there has been any error or incorrect information provided If the minor appears to be purchasing tobacco, alcohol, or other goods or service prohibited by YOUTH PROTECTION ACT If the requested goods or service is technically difficult for “mall” to provide.
2. When “mall’s” approval has reached the user in ways defined by the article 12, clause 1, the contract is deemed established.
3. “mall’s” approval must include confirmation of purchase, availability of product, ways to edit or cancel on purchase request and other information
Article 11 (payment method)
Ways to pay for goods and services on “mall” may any any of those following. However, “mall” may not charge additional handling fee for any of the payment method. Phone banking, internet banking, e-mail banking and other wire transfer Debit card, pre-paid card, credit card, and other card payment Online direct deposit Electronical currency payment Cash on delivery Mileage or other points issued by “mall” Gift cards issued by or recognized by “mall” Other electronic payment system
Article 12 (Confirmation of delivery, changes on order and/or cancellation)
1. “mall” will notify the purchaser in case the purchaser has requested purchase
2. Upon receiving the notification, user may immediately ask for change and/or cancellation, and “mall” must immediately process if the request has been filed before delivery. However, if the payment has already been made, the nullification of purchase will follow the procedure defined in article 15.
Article 13 (Supply of goods)
1. Unless there is a separate agreement on the delivery dates between “mall” and user, “mall” will take necessary measures such as production, packaging, so it may deliver the goods within seven days of the contract. However, if “mall” has received all or partial payment for the goods, “mall” shall take measure within three business days. “Mall” shall take appropriate measure to provide the user with the goods and process of delivery.
2. “Mall” shall notify the user of the delivery method, party responsible for the cost each method of delivery, delivery time per deliver method, and other information pertaining to delivery of goods purchased. If “mall” passes the pre-agreed delivery time, “mall” shall pay for damages incurred due to the delay. However, if the “mall” proves that it is neither at fault nor intended, “mall” will not be responsible for damage.
Article 14 (Refund)
“Mall” shall notify the user immediately when the goods cannot be provided due to reasons such as stock shortage. If there’s been any payment beforehand, “mall” shall refund within three business days since the payment or other measures to process the refund.
1. User who entered a contract with “mall” may cancel the order according to the ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE article 13 clause 2 within seven days since the content of the contract was delivered in writing, or since the day of the delivery of the goods and/or service if contract was delayed. If there are other stipulations made in ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, the cancellation policy will follow the law.
2. User may not return or exchange the goods and/or services in any of the following cases: If the goods or service has been damaged or lost due to partial or full usage by the user If the goods or service’s value has declined significantly due to partial or full usage by the user Due to passed time, the goods value decreased enough that re-sale is no longer viable In the case where the goods is duplicable in its full capacity, if the wrapping of the original goods is damaged Discounted products or pre-sale products Digital products after delivery
3. In case of article 2 clause 2, or clause 4, if “mall” did not specify that a special cancellation policy applies to the specific product in a clear and evident manner, the user’s cancellation policy will not be limited.
4. Despite clause 1 and clause 2, if the goods and/or service provided is not as advertised or specified, the user may cancel within three months of delivery of said goods or thirty days since learning the discrepancy.
Article 16 (Cancellation’s effect)
1. “Mall” must refund the money within three days of receiving the returned goods. If “mall” was to delay refund, the mall will pay the interest as defined by ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE article 21 clause 2.
2. If the user has paid with credit card, other electronic payments, such as electronic currency, “Mall” should request the party providing the payment system to refund without delay.
3. User is responsible for costs pertaining to returning the goods supplied due to cancellation. “mall” shall not demand damage or cancellation fee for the reasons of cancellation. However, if the goods or its contents is different from what was specified or advertised, or delivered differently than the contract and caused the cancellation, the “mall” will be responsible for costs pertaining to returning the goods.
4. If the user has paid for delivery to receive the goods and service, “mall” should notify who will be responsible for delivery in case of cancellation, in an easy and clear fashion.
Article 17 (Protection of personal information)
1. “Mall” will gather the minimum personal information in order to provide the service.
2. “Mall” will not gather information for purchase contract execution before the member registration. However, if the relevant law requires verifying personal identify before purchase, such a case will be excluded.
3. “Mall” shall announce the purpose of collecting personal information, and obtain consent to collect and use personal information
4. “Mall” cannot use the collected personal information for any other reasons than the previously consented, and if a new need arises, or the personal information needs to be handled by a new 3rd party, user needs to be notified and consent, unless there is different law specifying otherwise.
5. If “mall” is required to get user content in regard to clause 2 and 3, “mall” must disclose the name of the person in charge of personal information collected, purpose of collecting the personal information and where it will be used, information about the 3rd party handling personal information (name, purpose and usage) as enumerated in ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC. act 22 clause 2, and user may nullify the consent as they wish
6. User may ask for the personal information and correction held by “mall” and “mall” bears responsibility to execute the request without delay. If user has requested a correction on the personal information, “mall” may not use the personal information until the correction has been made.
7. “Mall” must keep the persons handling the personal information to minimum to protect, and “mall” bears all responsibility for loss, theft, leak, 3rd party involvement without consent, modification of the personal information including credit card information and bank information, and damage incurred by the aforementioned.
8. Once “mall” or any 3rd party who was provided the personal information has achieved the purpose of collecting the information, they must delete the personal information without delay.
9. “Mall” shall not provide pre-filled consent forms about collection, usage, and furnishing of personal information. If the user does not consent to collection, usage, and furnishing of personal information, “mall” must disclose the services limited due to not consenting, and cannot refuse membership due to not consenting to provide the optional collection, usage, and furnishing of personal information.
Article 18 (responsibility of the “mall”)
1. “Mall” shall not break any laws nor breach this terms and condition, and must continually work its best to provide a consistent supply of the goods and services.
2. “Mall” must be equipped with security measure to protect users’ personal information including credit card information and so that users can use internet services safely.
3. “Mall”is responsible to pay damage if the user is damaged by false advertisement as per ACT ON FAIR LABELING AND ADVERTISING act 3.
4. “Mall” may not send unwanted for-profit, advertisement email.
Article 19 (Responsibility to member’s ID and password)
1. Except for cases enumerated in article 17, user is responsible for ID and password
2. User may not lend their ID and password to another person
3. User must notify “mall” upon noticing any theft of ID and/or password without delay, and follow “mall’s instruction
Article 20 (User’s Responsibility)
User may not do the following act: Registration of false information during registration or edit process Using other person’s information Changing “mall” information Posting and or sending information (computer program and more) outside of “mall’s” specification Infringement on “Mall” or other 3rd party’s intellectual property Any act deemed slanderous or libelous to “mall” or other 3rd party Posting violent or obscene images, sounds, or other such information on “mall.”
Article 21 (The relationship between the connecting “mall” and the connected “mall”)
1. Upper level “mall” and lower level “mall” may be linked through a hyperlink (the hyperlink may be text, photo, or video), the former will be referred to as connecting “mall” and the latter will be referred to as connected “mall.”
2. Connecting “mall” is not responsible for independent transactions occurred in connected “mall” if the “mall” discloses that it is not responsible for the aforementioned type of transactions on the top page of the connecting “mall” or any connecting pop-up page.
Article 22 (Author’s property right ownership and limitation of usage)
1. Any work made by “mall” and its property right (intellectual property and other) belongs to “mall.”
2. User may not duplicate, share, publish, or distribute through other means or channel any information whose property rights belong to “mall” obtained during usage of “mall” for profit or lend them to 3rd party
3. "Mall" must notify the user when using the copyright belonging to the user according to the contract.
Article 23 (Settlement of dispute)
1. “Mall” still install and run a damage compensation processing team in place to settle any valid opinions or claims and to settle damages.
2. “Mall” shall process claims and opinions without delay. Should there be any delay, “mall” shall notify user the reason for delay and processing schedule immediately.
3. In the event of a user's request for damage relief in relation to an e-commerce dispute between "Mall" and the user, the Fair Trade Commission or a dispute mediation agency commissioned by the Mayor/State Governor may oversee the mediation.