Terms of Service

[Chapter 1 General]

The purpose of these Terms of Service is to set forth the rights, obligations, and responsibilities of the users and the cybermall as the users use the Internet-related services (hereinafter referred to as "service") provided by Poongnyun Internet Shopping Mall (hereinafter referred to as "Poongnyun") operated by PN Poongnyun Co., Ltd.

Article 1 (Purpose)
The purpose of these Terms of Service is to set forth the rights, obligations, and responsibilities of the users and the cybermall as the users use the Internet-related services (hereinafter referred to as "services") provided by Poongnyun Internet Shopping Mall (hereinafter referred to as "Poongnyun") operated by PN Poongnyun Co., Ltd.

Article 2 (Definition)
① Poongnyun shall mean the virtual business premises set up so that goods and services can be sold and purchased using information and communication equipment, such as computer, in order for PN Poongnyun Co., Ltd. to provide goods and services to users. Poongnyun can also mean the business operating such cybermall.

② A user shall mean any of the members and non-member guests who receive the services provided by Poongnyun in accordance with these Terms of Service by connecting to Poongnyun.

③ A member shall mean a person who registered as a member by providing personal information to Poongnyun. A member receives the information provided by Poongnyun continuously, and he/she is allowed to use the services (all services including shopping mall, communication services, and other services by Poongnyun) on a continuous basis.

④ A non-member is a person who uses the services provided by Poongnyun without registering as a member.

Article 3 (Disclosure and Revision of the Terms of Service)
① Poongnyun shall post these Terms of Service as well as the company name, address of its place of business, name of the representative officer, business registration number, and contact information (telephone, fax, email address, etc.) on the initial service screen (front page) of the Poongnyun Internet Shopping Mall, so that the users may access such information.

② Poongnyun is entitled to amend these Terms of Service as far as such amendments do not violate related laws, including, but not limited to, the Act on the Regulation of Terms and Conditions Framework Act on Electronic documents and Transactions, Digital Signature Act, Act on the Promotion of Information and Communications Network Utilization and Information Protection, Act on Door-to-Door Sales, Consumer Protection Act, etc.

③ In case of an amendment of these Terms of Service, the effective date of such amendment and the reason for such amendment shall be disclosed in the front page of Poongnyun along with the current Terms of Service, from no later than seven days prior to the effective date until the day before the effective date of the amendment.

④ If Poongnyun chooses to revise these Terms of Service, the amended Terms of Service shall apply to contracts signed on or after the effective date of such amendment. Any contracts signed under the existing Terms of Service shall be governed by the Terms of Service before the amendment. If the user fails to give his/her consent to the amendment after receiving a notice from Poongnyun, i.e., “If the user fails to indicate his/her consent to the amended Terms of Service, the user shall be considered to have accepted the amended Terms of Service,” or if it is beyond the power of Poongnyun to make such notice, the amended Terms of Service shall apply to contracts signed before the amendment.

⑤ Matters other than those specified in these Terms of Service or interpretation thereof shall be governed by the Guidelines for the Protection of Consumers in e-Commerce, provisions of related laws and regulations, and general commercial practice.

Article 4 (Provision and Adjustment of Services)
① Poongnyun shall perform the following:

1. Providing information on the goods and services and signing a purchase contract;
2. Shipping goods or performing the services according to the signed purchase contracts; and,
3. Other tasks as designated by Poongnyun.
② If there are changes in the quality or technical specifications of the goods or if there are unavoidable conditions or events, Poongnyun shall be entitled to change the content of the goods and services to be provided according to the contracts to be signed in the future. In such case, the content and date of provision of such amended goods or services shall be announced in the place where the information on the current goods and services is posted, beginning at least seven days prior to such date of provision. If there are unavoidable conditions or other such events, however, Poongnyun shall not be required to make such announcement.

③ If Poongnyun changes the content of the services for which it entered into a purchase contract with the user for reasons such as changes in the goods or their technical specifications, Poongnyun shall not be held liable for the damages suffered by the user for such reason, except for cases of deliberate act or gross negligence by Poongnyun.

Article 5 (Suspension of Services)
① Poongnyun may suspend its provision of services on a temporary basis due to reasons such as servicing, maintenance, or replacement of its computers or other information and communication equipment, malfunction thereof, or loss of network communication, etc.

② In the case of suspension of the services as specified in Item 1 above, Poongnyun shall inform its users as per the methods specified in Article 8.

③ If the provision of service is suspended for reasons specified in Item 1 above, and the user or a third party sustains damages as a result, Poongnyun shall not be held liable for such damages, except for cases of deliberate act or gross negligence by Poongnyun.


[Chapter 2 Member Registration Agreement]
Article 6 (Signing up as a Member)
① A user makes an application to register as a member by indicating his/her consent to these Terms of Service after providing his/her personal information using the form designated by Poongnyun.

② Poongnyun accepts an applicant user who made an application to register as a member as in Item 1 above except in any of the following cases:

1. The applicant lost his/her status as a member in the past in accordance with Item 3, Article 7 of these Terms of Service, unless at least three years have passed since the loss of member status according to Item 3, Article 7 and Poongnyun granted approval for the re-registration of the member.
2. Falsehood, missing information, or error was found in the information provided while registering.
3. Poongnyun believes that accepting the member registration application will cause significant technical issues to Poongnyun.
4. A person who is under 14.
③ The member registration agreement shall be considered to have been in effect since the arrival of the acceptance notice by Poongnyun in the form of a receipt confirmation notice as per Item 1, Article 13.

④ If there are any changes in the registration information in Item 1, Article 9, a member shall inform Poongnyun of such changes immediately, either via e-mail or using other methods.

⑤ If a member registers with Poongnyun as a member for the first time, Poongnyun is entitled to have the member registered automatically with other Internet websites run or provided by Poongnyun, such as the shopping mall, in order to provide its amenities and services (shopping mall service, TM marketing for insurance and credit cards, etc.), and the member is considered to have provided his/her consent to such arrangement.

Article 7 (Withdrawal of Membership and Loss of Member Status)
① A member is entitled to make a request to withdraw membership in Poongnyun, and Poongnyun shall process such request without delay.

② In any of the following cases, Poongnyun may limit or suspend the member status:

1. False information has been provided when the person signed up as a member.
2. The member failed to make any payment that became due with regard to the use of Poongnyun, including payment for the services or goods purchased.
3. The user disturbed other persons using Poongnyun, stole another person's information, or otherwise compromised the orderly operation of e-commerce.
4. The user violated the law or these Terms of Service or engaged in any other acts that run counter to normally acceptable behavior in society.
③ After suspending or limiting the member status, Poongnyun may revoke the member status if the same act was repeated at least twice or no corrective actions were taken within 30 days.

④ If the member status has been revoked, the registration as a member shall be canceled. In such case, the member in question shall be informed accordingly and given a chance to explain him/herself before the cancellation.

Article 8 (Notice)
① Poongnyun may serve a notification to a member using the email address provided by the member to Poongnyun.

② When a notification is to be made to multiple, random members, such notification shall be considered to have been made if the notice has been posted on the web page of Poongnyun for at least a week.

Article 9 (Obligations Regarding the Personal Information, ID, and Passwords of Users)
① A member shall provide information that is true and factual when registering to use the services (hereinafter referred to as "registration information") A member is also required to make updates to such registration information whenever there is any change in such information without delay. If the information provided by the user is found to be false (for example, using a third-party’s name or a fake name, etc.), or if there are reasonable grounds to suspect such falsehood, Poongnyun is entitled to suspend the user's use of the services, either in part or in whole, and shall not be held responsible for any disadvantages resulting from this action.

② Upon completing his/her registration process, a user will be issued an ID, a user account, and a password. To manage the ID and password of a member, the following must be followed:

1. If someone is using the member’s password or ID without the member’s authorization, the member shall inform Poongnyun of such issue immediately.
2. Each time a user is done using the service, he/she must log out properly.
3. Any member who posts, transmits, or obtains the personal information of a third party illegally shall assume full responsibility accordingly. The same shall apply to any such information that has been posted, transmitted, or obtained using email or other means.
4. Unless Poongnyun is to be held responsible pursuant to related laws or the “Privacy Policy,” the users are to be held responsible for the management of their ID and password.
5. A user shall not allow a third party to use his/her ID and password.
6. A user who becomes aware that a third party is using his/her ID and password shall inform Poongnyun of such issue immediately and follow the instructions given by Poongnyun, if any.

[Chapter 3 Purchase Agreement]
Article 10 (Application for Purchase)
A user of Poongnyun shall make a purchase on Poongnyun using the following methods:

① How to make an application for purchase on the Internet

1. Enter the name, address, and phone number.
2. Select the goods or services.
3. Select the method of payment.
4. Make an indication of giving consent to these Terms of Service (ex.: mouse click)

Article 11 (Establishment of a Contract)
① Poongnyun accepts such application for purchase as shown in Article 10 except in any of the following cases:

1. Falsehood, missing information, or error was found in the information provided while registering.
2. A user younger than 19 years makes an illegal purchase, such as purchasing cigarette or alcohol pursuant to the Youth Protection Act, or a user purchases other banned goods or services.
3. Poongnyun’s acceptance of such purchase request is deemed to cause a serious technical issue to Poongnyun.
② The agreement shall be considered to have been in effect since the arrival of the acceptance notice of Poongnyun in the form of the receipt confirmation notice as per Item 1, Article 13 at the user.


[Chapter 4 Payment]
Article 12 (Methods of Making Payment)
The method of making payment for the goods or services purchased from Poongnyun may be any one of the following, and Poongnyun may limit the available mode of payment to certain goods sold at Poongnyun:

1. Falsehood, missing information, or error was found in the information provided while registering.
2. A user younger than 19 years makes an illegal purchase, such as purchasing cigarette or alcohol pursuant to the Youth Protection Act, or a user purchases other banned goods or services.
3. Poongnyun’s acceptance of such purchase request is deemed to cause a serious technical issue to Poongnyun.

It is possible to register a credit card with consent from the user.

Poongnyun shall make its best efforts to ensure user safety in making payments. If the payment information gets infringed due to negligence of management by Poongnyun and results in damage suffered by the member, Poongnyun shall be held responsible for such damages.

Article 13 (Receipt Confirmation Notification; Making Changes in the Order or Canceling an Order)
① If there is a purchase request (or an "order") from a user, Poongnyun shall send a receipt confirmation to the user.
② If there is any discrepancy with the indication of intent, etc., the user who received the receipt confirmation notice shall be entitled to make changes to or cancel the purchase request (order) immediately after receiving the receipt confirmation notice.
③ Poongnyun shall, if there is any request for a change order or a cancellation request from the user prior to shipping, proceed with such request without delay.


[Chapter 5 Shipping, Cancellation, and Refund]
Article 14 (Shipping)

-Items are not shipped during public holidays and other holidays.
-If there are force majeure situations such as Acts of God or other reasons beyond control, the period during which time such situation is in effect will not be included in the fulfillment time.

Article 15 (Refund, Return, and Exchange)
① If it is not possible to deliver the goods or provide the services ordered by a user due to being sold out or other reasons, Poongnyun shall inform the user of the reason for such situation without delay. The process of canceling the contract and making a refund shall be initiated within three business days of receiving the payment for the goods or services, or, if not, within three business days of the date of occurrence of said reason.

1. If the goods shipped do not match the items ordered or the information provided by Poongnyun;
2. The goods that were delivered were damaged, destroyed, or contaminated (except when the damages, etc., were caused by reasons attributable to the user);
3. The purchase request was made by the user while the indications to be made in the advertisements according to Article 18 of the Act on Door-to-Door Sales were not made.
If none of the above is applicable to the case but the goods are to be returned, the user shall be liable for the shipping cost for the return. In accordance with each of the paragraphs below, the user shall return the entirety of the goods that were shipped, which shall be verified by Poongnyun.


[Chapter 6 Obligations of Poongnyun and the User]
Article 16 (Personal Information Protection)
① Poongnyun shall collect the minimum amount of information necessary for the fulfillment of the purchase agreement when collecting the information from a user. The following items are required items, and the rest are optional:

1. Name
2. Address
3. Telephone Number
4. Desired ID (for a member)
5. Password (for a member)
6. Email address (to be used to confirm an order)
7. Email receipt confirmation (for a member)
8. Authentication questions and answers for password retrieval
② Poongnyun shall obtain consent from the user when collecting identifiable personal information.

③ The personal information so provided shall be neither used nor provided to a third party for reasons other than for the purposes consented to by the users, and Poongnyun shall be held fully responsible for such, provided the following exceptions shall be granted:

1. The minimum amount of information is provided to a shipping company for fulfillment (name, address, and phone number)
2. The information is provided after being rendered anonymous for statistical purposes, academic research, or market research
3. The information is provided to the relevant agency with regard to the taxes and charges applicable to the customer (including withheld taxes).

④ If Poongnyun is required to obtain the user’s consent for Items 2 and 3 above, the identity of the person responsible for the management of personal information (organization, name, phone number, and other contact information), purpose of collecting and using such information, information on providing such information to a third party (parties provided with such information, purpose of provision, and information to be provided); and other information required by Item 3, Article 16 of the Act on the Promotion of Information and Communications Network Utilization and Information Protection must be specified or notified. A user shall be allowed to withdraw his/her consent at any time.

⑤ A user is entitled to view or correct errors in his/her personal information held by Poongnyun, and Poongnyun shall respond to such requests without delay. If a user demands the correction of errors in said information, Poongnyun shall not use such personal information until said errors are corrected.

⑥ Poongnyun shall designate a Privacy Officer for the protection of personal information, and the number thereof shall be kept to a minimum. Poongnyun shall be held responsible for any damages suffered by the user due to the loss, theft, leak, or alteration of the personal information of the user, including his/her credit card information and bank account information, etc.

⑦ Poongnyun or the third parties provided with personal information shall dispose of said personal information without delay once the purpose of collecting or receiving such personal information has been served.

Article 17 (Duties of Poongnyun)
① Poongnyun shall not violate these Terms of Service or social norms. Likewise, Poongnyun shall do its best to provide goods and services reliably and continuously according to these Terms of Service.

② Poongnyun must establish a security system that can protect the personal information (including credit information) of the users so that users may use the Internet service safely.

③ Poongnyun shall be held liable for any damages suffered by a user due to unfair labeling or advertising as specified in Article 3 of the Act on Fair Labeling and Advertising.

④ Poongnyun shall not send advertising emails for commercial purposes against the user’s will.

Article 18 (User’s Obligations for the ID and Password)
① Other than what is specified in Article 15, the member shall assume responsibility for the management of his/her h2 ID and password.

② A member shall not allow a third party to use his/her ID and password.

③ A member who becomes aware that his/her ID and password have been stolen or are being used by a third party shall inform Poongnyun without delay and follow the instructions given by Poongnyun, if any.

Article 19 (Duties of the User)
① A user shall not do any of the following: Especially with regard to Paragraph 1, winning a prize or other events can be canceled if the user provided false information.

1. Registering false information when making an application or making changes;
2. Altering the information posted on Poongnyun;
3. Sending or posting information other than those designated by Poongnyun (such as computer program, etc.);
4. Infringing any intellectual property rights, such as the copyright of a third party or Poongnyun;
5. Defaming or obstructing the operation of Poongnyun or a third party;
6. Disclosing or posting information that is obscene, violent, or otherwise against social norm, including, but not limited to, messages, videos, audio, etc.;
7. Anything that Poongnyun finds unacceptable, including providing misleading information.
② If the information listed above or otherwise considered to be unacceptable in light of the operation of the mall by Poongnyun is posted on the mall or other places linked to the mall, Poongnyun is entitled to delete such information posted on Poongnyun or sever the link extended to the mall without permission from the user or others who posted such information. However, Poongnyun is not obliged to delete such information or sever such links.


[Chapter 7 Others]
Article 20 (Relationship between the Connecting Mall and the Connected Mall)
① If a higher-level mall and a lower-level mall are connected using a hyperlink (ex.: the targets of the hyperlink can include texts, images, and videos) or by other means, the former is called the "connecting mall" (website), and the latter is called the "connected" mall.

② The connecting mall neither assumes responsibility nor provides any guarantees on the transactions between the users and the connected mall for selling and purchasing goods and services.

Article 21 (Attribution of and Limitations on the Use of Copyrights)
① The intellectual property rights or copyrights of any materials created by Poongnyun are its properties.

② The user shall neither duplicate, transmit, publish, distribute, broadcast, nor use other means to use the information he/she obtained as a result of using Poongnyun for commercial purposes nor allow a third party to do so.

Article 22 (Arbitration)
① Poongnyun shall establish and operate a Complaint Processing Organization to compensate for the damage suffered by users or address the complaints or suggestions made by its users.

② The complaints or suggestions submitted by users shall be Poongnyun’s priority. If it is not possible to address or respond to such submissions promptly, however, the users shall be notified of the reasons and the schedule of processing them.

③ Any disputes arising between Poongnyun and users may be submitted to arbitration by the E-Commerce Arbitration Committee established as per Article 28 of the Framework Act on E-Commerce and Article 15 of its Enforcement Decree.

Article 23 (Jurisdiction and Governing Law)
① Any lawsuit arising from the e-commerce transactions between Poongnyun and users can be submitted to a district court in Seoul.

② Any and all lawsuits between Poongnyun and users shall be governed by the laws of South Korea.


[Chapter 8 Special Provisions]
Article 1 (Use of the Email Address of the User)
① The email address of the user shall be used for confirming an order or for receiving a response email.
② The email address will be used only for customers who wish to receive event news or shopping information from Poongnyun.