TERMS AND CONDITIONS

Article 1 [Objective]

This terms and condition defines the e-commerce and the user's rights and responsibility in using the digital fashion platform Oscar Futurera Inc.(hereafter "Company") and the Company’s online services provided including OFOTD.COM (hereafter "OFOTD"). *Unless the nature of online commercial interaction using network or wireless is different, this terms and condition will apply.


Article 2 [Definition]

  1. "OFOTD" refers to the online site of business where Oscar Futurera Inc. Set up using IT equipment in order to provide goods and services (hereafter “goods''). It may also refer to the business operator of the said business.

  2. “User” refers to members and non-members who use the services on "OFOTD" in accordance with the terms and conditions.

  3. “Member” is a user who is registered as a member on "OFOTD" for continuous usage of the “mall.”

  4. “Non-Member” is a user who is not registered on "OFOTD" but uses the service provided.


Article 3 [Announcement Of Terms And Conditions And Its Provisions]

  1. "OFOTD" provides the following information for users’ convenience on the top page of OFOTD.COM: terms & condition, name of the business and the ceo, office address (including the address where consumer complaints 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 & conditions will be linked for users to see the full content.

  2. "OFOTD" should provide a pop up or redirected page to show the crucial information for users such as cancellation to the agreement, responsibility of delivery, refund policy and other important policies so that the users may easily understand and confirm.

  3. "OFOTD" may amend these terms and conditions within the limits of laws, such that the amended policies do not violate following laws: 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 "OFOTD" needs to amend its terms and conditions, it needs to specify the pre-existing 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, "OFOTD" shall display the new terms in clear and concise way, to the best of its ability.

  5. When "OFOTD" 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 outdated terms and conditions. If the user prefers to have the new terms applied to outdated contract, they must contest the contract’s term within the announcement term as specified in Article 3 and obtain "OFOTD"’s agreement.

  6. For any claim not covered by this document and its interpretation, the claim will be decided according to Act On The Regulation Of Terms And Conditions, Act On The Consumer Protection In Electronic Commerce, the consumer protection guidelines as imposed by the Fair Trade Commission or other relevant laws or precedent cases.


Article 4 [Service Provided And Changes]

  1. "OFOTD" provides following “services”: 

    1. Information on “goods etc” and contract on the purchase

    2. Delivery of purchased physical products 

    3. Delivery of purchased digital products

    4. Membership service to “member” 

    5. Various promotion to “goods” of "OFOTD" 

    6. Customer service about “service” provided by "OFOTD" 

    7. Other operations as defined by "OFOTD"

  2. "OFOTD" may change the goods and services provided in case of stock issue or technical changes for the specs of the goods. In such case, the available date of changed goods and service will immediately be announced on where the current goods and services are provided.

  3. If "OFOTD" needs to change the goods and services due to technical issues and/or stock issues, "OFOTD" will immediately contact the user with available user contact information to notify the changes.

  4. In case of the last Clause, "OFOTD" will compensate for user’s damage incurred. However, if "OFOTD" proves that "OFOTD" is not responsible for the damage or that the damage was unintended, "OFOTD" will not compensate for damage.


Article 5 [Interruption Of Service]

  1. "OFOTD" may interrupt the service in case of the setup’s change, equipment change, maintenance, and other reasons.

  2. "OFOTD" will compensate for damages incurred due to the interruption with the reasons as stated in Clause 1. However, if "OFOTD" proves that "OFOTD" is not at fault or that the damage was unintended, "OFOTD" will not compensate.

  3. If "OFOTD" is no longer able to provide the service and goods due to reasons such as business model change, dissolution of business, merger, and more, "OFOTD" will notify the consumer in a manner as defined in Article 8 and cover the damages as "OFOTD"’s suggested conditions. However, if there is no previously agreed upon condition, "OFOTD" will provide cash equivalent of mileage or points that could be used the same way as cash within "OFOTD".


Article 6 [Member Registration]

  1. User may register as a member by filling out the form provided by "OFOTD" and thereby agreeing to this terms and condition

  2. "OFOTD" shall register users upon request unless they fall under following conditions: if the applicant has lost its membership in the past with exception to applicant who lost membership due to Article 7 Clause 3, and gained  “OFOTD’s” permission to reapply, and whose loss of membership due to Article 7 Clause 3 occured three years before the time of reapplication.

    1. if the applicant appears to have false information, omitted information, or wrong entry to the registered information 

    2. other instances where "OFOTD" decides that there is technically significant issue registering the applicant

  3. The membership registration’s contract will be deemed complete at the time “OFOTD’s” approval has been delivered to the member.

  4. If there are any changes to the registered information, the member must notify within a reasonable time frame via means of personal information update or other possible means.


Article 7 [Withdrawal/Cancellation Of Membership]

  1. A member may request "OFOTD" for a withdrawal of membership at any time and "OFOTD" shall delete the member’s account immediately upon request.

  2. "OFOTD" may limit or cancel the membership of a member who meets any of the following conditions:

    1. the member’s registered information is false 

    2. if the member does not make payment for the goods and services purchased in "OFOTD" in required time frame

    3. the member disrupts other "OFOTD" users or violates the rules of the online commerce with misconducts such as stealing or abusing other user’s information. 

    4. the member uses "OFOTD" to commit illegal act as defined by law or by this terms and conditions

  3. Upon suspension or limit imposed on the member’s account, "OFOTD" 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 "OFOTD" cancels the membership, the membership will be terminated. In such a case, "OFOTD" shall notify the member and give thirty day grace period to rectify the issue.


Article 8 [Notification To The Member]

  1. When "OFOTD" is notifying a member, "OFOTD" may contact the member by member designated email address.

  2. When "OFOTD" is notifying to a non-identifiable, large number of members, "OFOTD" may post the announcement on “OFOTD’s” bulletin board in lieu of individual notification. However, if the notification heavily concerns individual transaction, personalized notification will be sent to individual member.


Article 9 [Application To Purchase And Agreement To Provide Personal Information]

  1. 1. "OFOTD" user shall request purchase on "OFOTD" using the following method or similar methods, and "OFOTD" should specify the following information in an accessible and comprehensible manner: 

    1. Selection and search of goods and services 

    2. Input form of recipient’s name, address, phone number, email address (or cellphone number) 

    3. Confirmation of information such as terms and condition, services with limited cancellation, delivery and handling fee, and other incurring costs and related information 

    4. Expression of agreement or rejection to the terms and conditions and the Clause on Article 9, 1c by clicking yes with a mouse. 

    5. Confirmation to the request to purchase the goods and services or any additional points to confirm from “OFOTD.”

    6. Payment method selection

  2. 2. If "OFOTD" must provide/delegate the purchaser’s personal information to a third party, it must provide following information to the purchaser through paper or "OFOTD" service:

    1. Types of personal information to be provided to the third party

    2. The name of third party

    3. The purpose, period of storage and usage of provided personal information


Article 10 [Establishment Of Contract]

  1. "OFOTD" may reject the request of purchase in 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. 

    1. If a member is putting other members at disadvantage by repeatedly requesting a refund of the product purchased even when there is no defect in the product, thereby limiting other “members’” chances of purchasing the product.

    2. If a member is found to intentionally damage the product in order to avoid return/refund processing fee upon refund request; or if a member is found to intentionally fail to return all of the purchased products upon requesting refund for multiple products.

    3. If a member is found to be purchasing products on purpose of commercial activity such as reselling or proxying

    4. If a member is found to be purchasing products on purpose of intellectual property infringement, such as copying or plagiarizing of the product’s design or brand logo

    5. If a member makes abusive purchase activity such as returning a product without the giveaway product

    6. If there has been any error or incorrect information provided

    7. If the requested goods or service is technically difficult for "OFOTD" to provide.

  2. When “OFOTD’s” approval has reached the user in ways defined as to the Article 12, Clause 1, the contract is deemed established.

  3. “OFOTD” approval must include confirmation of purchase, availability of product, ways to edit or cancel on purchase request and other necessary information


Article 11 [Payment Method]

Ways to pay for goods and services on "OFOTD" may any of the following. However, "OFOTD" may not charge additional handling fee for any of the payment method. 

  1. Phone banking, internet banking, e-mail banking and other wire transfer 

  2. Debit card, prepaid card, credit card, and other card payment 

  3. Online direct deposit 

  4. Electronic currency payment 

  5. Cash on delivery 

  6. Mileage or other points issued by "OFOTD" 

  7. Gift cards issued by or recognized by "OFOTD" 

  8. Other electronic payment system


Article 12 [Confirmation Of Delivery, Changes On Order And/Or Cancellation]

  1. "OFOTD" will notify the user in case the user requests for a purchase of product

  2. Upon receiving the notification, user may immediately ask for change and/or cancellation in case there is error in expression of the purchase request, and "OFOTD" must process the request of change without any delay 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 "OFOTD" and user, "OFOTD" will take necessary measures such as production and packaging, so it may deliver the goods within seven days since the contract has been established. However, if "OFOTD" has received all or partial payment for the goods, "OFOTD" shall take measure within three business days. In such case "OFOTD" shall take appropriate measure to provide the user with the information on the purchased goods and delivery status.

  2. "OFOTD" shall notify the user of the delivery method, the party responsible for the cost for each of the delivery method, delivery time for each of the deliver method, and other information pertaining to delivery of goods purchased. If "OFOTD" passes the previously agreed delivery time, "OFOTD" shall pay for damages incurred due to the delay. However, if "OFOTD" proves that delay is not intentional or responsible to "OFOTD", "OFOTD" will not compensate for damage.


Article 14 [Refund]

"OFOTD" shall notify the user immediately when the goods cannot be provided due to reasons such as stock shortage or other reasons. If payment has been made for the purchase, "OFOTD" shall refund within three business days since the payment or proceed to other measures for refund.


Article 15 [Cancellation of Purchase]

  1. User who established a contract with "OFOTD" may cancel the order within seven days since the day on which content of the contract was delivered in text, (or since the day of the delivery of the goods and/or service if the supply of the goods has been delayed further than the day of contract text delivery), according to the Act On The Consumer Protection in Electronic Commerce Article 13 Clause 2. However, if there are other stipulations made in the 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: 

    1. If the goods or service has been damaged or lost due to partial or full fault of the user 

    2. If the goods or service’s value has declined significantly due to partial or full consumption of the product by the user 

    3. If the value of goods has been decreased sufficiently due to passage of time that the re-sale is no longer viable 

    4. In case where the goods is duplicable in its full capacity, if the wrapping of the original goods is damaged 

    5. If the goods was made-for-order for the specific user or similar circumstances

    6. If the product is digital product and the digital delivery has been completed

    7. If "OFOTD" has announced limitation on cancellation prior to the purchase

  3. In case of Article 2 Clause 2 or Clause 4, if "OFOTD" 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. If the goods and/or service provided is not the same as advertised or specified despite Clause 1 and Clause 2, the user may cancel within three months of delivery of said goods or thirty days since the time of learning the discrepancy.


Article 16 [Cancellation’s Effect]

  1. "OFOTD" must refund the money within three days of receiving the returned goods. If "OFOTD" were to delay refund, "OFOTD" will pay the interest as defined by the Act On The Consumer Protection In Electronic Commerce Article 21 Clause 2.

  2. If the user has paid with credit card or other electronic payments such as electronic currency, "OFOTD" should request the party providing the payment system to refund without delay.

  3. User is responsible for costs pertaining to delivery of returning the goods supplied due to cancellation. "OFOTD" 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, "OFOTD" will be responsible for costs pertaining to returning the goods.

  4. If the user has paid for delivery to receive the goods and service, "OFOTD" should notify who will be responsible for delivery in case of cancellation, in an easy and clear manner.


Article 17 [Protection Of Personal Information]

  1. "OFOTD" will gather the minimum personal information required to provide the service.

  2. "OFOTD" will not gather information for purchase contract execution prior to the member registration. However, if the relevant law requires verifying personal identity before the purchase, such a case will be excluded.

  3. "OFOTD" shall announce the purpose of collecting personal information, and obtain consent to collect and use personal information

  4. "OFOTD" cannot use the collected personal information for any reasons other than the previously consented purposes, and if a new need arises, or if the personal information needs to be handled by a new 3rd party, user needs to be notified and asked for consent, unless there is relevant law specifying otherwise.

  5. If "OFOTD" is required to acquire user consensus in regards to Clause 2 and 3, "OFOTD" must disclose information (name, organization, phone number, other contact info) of the person in charge of personal information collected, purpose and usage of personal information to be collected, information (the 3rd party provided, purpose and list of information to be provided to the third party) about the 3rd party handling personal information, as enumerated in the 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 pertained by "OFOTD" or request correction of the personal information and "OFOTD" bears responsibility to execute the request without delay. If user has requested a correction on the personal information, "OFOTD" may not use the personal information until the correction has been made.

  7. "OFOTD" must keep the persons handling the personal information to minimum to protect personal information, and "OFOTD" 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 events.

  8. Once "OFOTD" or any 3rd party who was provided with the personal information has achieved the purpose of collecting the information, they must delete the personal information without delay.

  9. "OFOTD" shall not provide pre-filled consent forms about collection, usage, and furnishing of personal information. If the user rejects the consent to collection, usage, and furnishing of personal information, "OFOTD" must enumerate the services that will be limited due to the rejection, and it cannot refuse membership due to not consenting to provide the collection, usage, and furnishing of optional personal information that is not part of required personal information.


Article 18 [Responsibility Of "OFOTD"]

  1. "OFOTD" 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. "OFOTD" must be equipped with security measures to protect users’ personal information including credit card information so that users can use internet services safely.

  3. "OFOTD"is responsible for paying for damage if the user is damaged by false advertisement as per the Act On Fair Labeling And Advertising Article 3.

  4. "OFOTD" 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 managing id and password

  2. User may not lend their id and password to 3rd party

  3. User must notify "OFOTD" upon noticing any theft of id and/or password without delay, and follow “OFOTD’s” instruction in case instruction is provided


Article 20 [User’s Responsibility]

User may not conduct any of the following act 

  1. Registration of false information during registration or correction of information

  2. Using other person’s information 

  3. Changing information posted on "OFOTD"

  4. Sending or posting information (computer program and more) outside of “OFOTD’s” specification 

  5. Infringement on "OFOTD" or other 3rd party’s intellectual property

  6. Any action deemed slanderous or libelous to "OFOTD" or other 3rd party

  7. Posting violent or obscene images, sounds, or other such information on "OFOTD".


Article 21 [Emergency Measures]

  1. In case "OFOTD" decides that a user is using service with malicious purpose such as illegal act, violation of legal system, infringing other’s rights, it has right to refuse delivery or reception of objects related to the said user.

  2. If related government department imposes limits on goods provided by “OFOTD,”  "OFOTD" will delegate the said goods to the responsible government department. "OFOTD" will not responsible for any damage on user in such case and the user will be still responsible for the payment of the goods and services.

  3. In case emergency measure is deemed necessary due to appropriate reasons such as unpleasant odor or leakage on a package delivered to the address of “OFOTD’s” location, "OFOTD" will notify the user and may take temporary measure such as moving and storing the said package. The user will be responsible for the extra fees that arises and it will not be responsible for the damage to the user in case there is a damage.


Article 22 [Author’s Property Right Ownership And Limitation Of Usage]

  1. Any work made by "OFOTD" and its property right and intellectual property right belongs to "OFOTD"

  2. User may not use any information of which property rights belong to "OFOTD" obtained while using service of "OFOTD" for profit or lend to a 3rd party  by duplicating, sharing, publishing, broadcasting or distributing through other means

  3. "OFOTD" must notify the user when using the copyright that belongs to the user, as to comply with the contract


Article 23 [Settlement Of Dispute]

  1. "OFOTD"  shall install and run a damage compensation processing team in place to settle any valid opinions or claims and to compensate for such damages.

  2. "OFOTD" shall process claims and opinions submitted by users without delay. Should there be any delay, "OFOTD" shall notify user the reason for delay and schedules for the process immediately.

  3. In the event of a user's request for damage relief in relation to an e-commerce dispute between "OFOTD" and the user, the fair trade commission or a dispute mediation agency commissioned by the mayor/state governor may oversee the mediation.