Terms of Service

Article 1 (Purpose)

The purpose of these Terms and Conditions is to set forth the rights, obligations and responsibilities of the website and its users in using the Internet-related services (hereinafter referred to as the "Services") provided through the website operated by MAKINOCHAYA (hereinafter referred to as the "Company").

※ "These Terms and Conditions shall also apply mutatis mutandis to electronic transactions conducted via PC communications, etc., unless contrary to their nature."

Article 2 (Definitions)

① "Website" refers to a virtual business place set up by the Company to enable the trading of goods or services using information and communication equipment such as computers in order to provide goods or services to users, and is also used to mean the business operator that operates the website.

② "User" refers to members and non-members who access the website and receive the services provided by the website in accordance with these Terms and Conditions.

③ ‘Member’ refers to a person who has registered as a member by providing personal information to the website, who continuously receives information from the website and may continuously use the services provided by the website.

④ ‘Non-member’ refers to a person who uses the services provided by the website without registering as a member.

Article 3 (Posting, Explanation and Amendment of the Terms and Conditions)

① The Company shall post the contents of these Terms and Conditions, its trade name and the name of its representative, the address of its place of business (including the address where consumer complaints can be handled), telephone number, fax number, e-mail address, business registration number, mail-order business registration number, the person in charge of personal information management, etc. on the initial service screen (front page) of the website so that users can easily find them. However, the contents of the Terms and Conditions may be made available to users through a linked screen.

② Before a user agrees to the Terms and Conditions, the Company shall provide a separate linked screen or pop-up screen, etc. so that the user can understand important contents of the Terms and Conditions, such as withdrawal of subscription, delivery responsibility and refund conditions, and shall obtain the user's confirmation.

③ The Company may amend these Terms and Conditions to the extent that it does not violate relevant laws, such as the Act on the Consumer Protection in Electronic Commerce, Etc., the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Transactions, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the Door-to-Door Sales, Etc. Act and the Consumer Protection Act.

④ When the Company amends the Terms and Conditions, it shall specify the effective date and the reasons for the amendment and give notice thereof, together with the current Terms and Conditions, on the initial screen of the website from 7 days before the effective date until the day before the effective date. However, if the Terms and Conditions are amended to the disadvantage of users, notice shall be given with a grace period of at least 30 days in advance. In this case, the website shall clearly compare the contents before and after the amendment and display them so that users can easily understand them.

⑤ When the Company amends the Terms and Conditions, the amended Terms and Conditions shall apply only to contracts concluded on or after the effective date, and the provisions of the Terms and Conditions prior to the amendment shall continue to apply to contracts already concluded before that date. However, if a user who has already concluded a contract sends the website his/her wish to be subject to the amended Terms and Conditions within the notice period of the amended Terms and Conditions under Paragraph 3 and obtains the website's consent, the amended provisions shall apply.

⑥ Matters not stipulated in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the Act on the Consumer Protection in Electronic Commerce, Etc., the Act on the Regulation of Terms and Conditions, the Guidelines on Consumer Protection in Electronic Commerce, Etc. established by the Fair Trade Commission, and other relevant laws and regulations or commercial practices.

Article 4 (Provision and Change of Services)

① The Company performs the following tasks.

1. Provision of information on goods or services and conclusion of purchase contracts

2. Delivery of goods or services for which purchase contracts have been concluded

3. Other tasks determined by the Company

② In the event that goods or services are sold out or their technical specifications are changed, the Company may change the contents of the goods or services to be provided under contracts to be concluded in the future. In this case, the Company shall specify the changed contents of the goods or services and the date of provision, and shall immediately give notice thereof where the contents of the current goods or services are posted.

③ If the Company changes the contents of the services it has contracted to provide to a user due to reasons such as goods being sold out or changes in technical specifications, it shall immediately notify the user of the reasons at an address where the user can be notified.

④ In the case of the preceding paragraph, the Company shall compensate the user for any damages incurred as a result. However, this shall not apply if the Company proves that there was no intention or negligence on its part.

Article 5 (Suspension of Services)

① The Company may temporarily suspend the provision of the Services in the event of maintenance, inspection, replacement or breakdown of information and communication equipment such as computers, or interruption of communications.

② The website shall compensate users or third parties for damages incurred due to the temporary suspension of the Services for the reasons set forth in Paragraph 1. However, this shall not apply if the website proves that there was no intention or negligence on its part.

③ If the Services can no longer be provided due to a change of business line, abandonment of business, merger between companies, etc., the website shall notify users in the manner set forth in Article 8 and compensate consumers in accordance with the conditions originally presented by the website. However, if the website has not announced compensation standards, etc., it shall pay users their mileage or accumulated reserves, etc. in kind or in cash corresponding to the currency value used on the website.

Article 6 (Membership Registration)

① A user applies for membership by filling in the member information in accordance with the registration form prescribed by the Company and then expressing his/her intention to agree to these Terms and Conditions.

② The Company shall register as members those users who have applied for membership as described in Paragraph 1, unless they fall under any of the following subparagraphs.

1. If the applicant has previously lost membership qualification pursuant to Article 7, Paragraph 3 of these Terms and Conditions; provided, however, that an exception shall be made for a person for whom 3 years have passed since the loss of membership qualification under Article 7, Paragraph 3 and who has obtained the website's approval for re-registration as a member.

2. If the registration contains false information, omissions or errors

3. If it is otherwise determined that registering the applicant as a member would significantly hinder the website technically

③ The membership registration contract shall be deemed concluded at the time the website's approval reaches the member.

④ If there is any change to the registered information under Article 15, Paragraph 1, the member shall immediately notify the website of such change by e-mail or other means.

Article 7 (Membership Withdrawal and Loss of Qualification, etc.)

① A member may request withdrawal from the Company at any time, and the Company shall immediately process the membership withdrawal.

② If a member falls under any of the following subparagraphs, the Company may restrict or suspend the membership qualification.

1. If false information was registered at the time of application for membership

2. If the member fails to pay, by the due date, the price of goods, etc. purchased using the website or other debts borne by the member in connection with the use of the website

3. If the member threatens the order of electronic commerce, such as by interfering with other persons' use of the website or misappropriating their information

4. If the member uses the website to commit acts prohibited by laws or these Terms and Conditions or contrary to public order and good morals

③ If, after the Company has restricted or suspended membership qualification, the same act is repeated two or more times or the cause is not corrected within 30 days, the Company may revoke the membership qualification.

④ When the Company revokes membership qualification, it shall cancel the membership registration. In this case, the Company shall notify the member thereof and give the member an opportunity to explain by setting a period of at least 30 days before canceling the membership registration.

Article 8 (Notice to Members)

① When the Company gives notice to a member, it may do so to the e-mail address designated by the member in advance by agreement with the website.

② In the case of notice to an unspecified number of members, the Company may replace individual notice by posting it on the website bulletin board for at least one week. However, individual notice shall be given for matters that have a significant impact on the member's own transactions.

Article 9 (Application for Purchase)

Users of the website apply for purchases on the website by the following or similar methods, and the Company shall provide each of the following in an easy-to-understand manner when a user applies for a purchase. However, in the case of members, the application of Subparagraphs 2 through 4 may be excluded.

1. Search for and selection of goods, etc.

2. Entry of name, address, telephone number, e-mail address (or mobile phone number), etc.

3. Confirmation of the contents of the Terms and Conditions, services for which the right to withdraw subscription is restricted, and matters related to costs such as delivery charges and installation fees

4. Indication of agreement to these Terms and Conditions and confirmation or refusal of the matters in Subparagraph 3 above (e.g., mouse click)

5. Application for purchase of goods, etc. and confirmation thereof, or consent to the website's confirmation

6. Selection of payment method

Article 10 (Formation of Contract)

① The Company may refuse to accept an application for purchase under Article 9 if it falls under any of the following subparagraphs. However, when concluding a contract with a minor, the Company shall inform that the minor or his/her legal representative may cancel the contract if the consent of the legal representative has not been obtained.

1. If the application contains false information, omissions or errors

2. If a minor purchases goods or services prohibited under the Juvenile Protection Act, such as tobacco and alcohol

3. If it is otherwise determined that accepting the application for purchase would significantly hinder the website technically

② The contract shall be deemed concluded at the time the website's acceptance reaches the user in the form of the receipt confirmation notice under Article 12, Paragraph 1.

③ The website's expression of acceptance shall include confirmation of the user's application for purchase, availability for sale, and information on correction or cancellation of the application for purchase, etc.

Article 11 (Payment Methods)

Payment for goods or services purchased on the website may be made by any of the available methods listed below. However, the Company may not charge any additional fee of any kind on the price of goods, etc. for the user's payment method.

1. Various account transfers such as phone banking, Internet banking and mail banking

2. Various card payments such as prepaid cards, debit cards and credit cards

3. Online bank deposit

4. Payment by electronic money

5. Payment upon receipt

6. Payment by points issued by the website, such as mileage

7. Payment by gift certificates contracted with or recognized by the website

8. Payment by other electronic payment methods, etc.

Article 12 (Receipt Confirmation Notice, Change and Cancellation of Application for Purchase)

① When a user applies for a purchase, the Company shall send a receipt confirmation notice to the user.

② A user who has received the receipt confirmation notice may, in the event of any discrepancy in the expression of intent, etc., request a change or cancellation of the application for purchase immediately after receiving the receipt confirmation notice, and if the user makes such a request before delivery, the website shall process it without delay in accordance with the request. However, if payment has already been made, the provisions on withdrawal of subscription, etc. in Article 15 shall apply.

Article 13 (Supply of Goods, etc.)

① Unless otherwise agreed with the user regarding the time of supply of goods, etc., the Company shall take necessary measures such as custom production and packaging so that the goods, etc. can be delivered within 7 days from the date of the user's subscription. However, if the Company has already received all or part of the price of the goods, etc., it shall take such measures within 2 business days from the date of receipt of all or part of the price. In this case, the Company shall take appropriate measures so that the user can check the supply procedure and progress of the goods, etc.

② The Company shall specify the means of delivery, the party responsible for the delivery cost by each means, and the delivery period by each means for the goods purchased by the user. If the Company exceeds the agreed delivery period, it shall compensate the user for any resulting damages. However, this shall not apply if the Company proves that there was no intention or negligence on its part.

Article 14 (Refunds)

If the goods, etc. for which a user has applied for purchase cannot be delivered or provided due to reasons such as being sold out, the Company shall notify the user of the reason without delay, and if it has received payment for the goods, etc. in advance, it shall make a refund or take the necessary measures for a refund within 2 business days from the date of receipt of payment.

Article 15 (Withdrawal of Subscription, etc.)

① A user who has concluded a contract with the Company for the purchase of goods, etc. may withdraw the subscription within 7 days from the date of receiving the receipt confirmation notice.

② A user who has received the goods, etc. may not return or exchange them in any of the following cases.

1. If the goods, etc. are lost or damaged due to reasons attributable to the user (however, the subscription may be withdrawn if the packaging, etc. was damaged in order to check the contents of the goods, etc.)

2. If the value of the goods, etc. has significantly decreased due to the user's use or partial consumption

3. If the value of the goods, etc. has significantly decreased due to the passage of time to the extent that resale is difficult

4. If the packaging of the original goods, etc. has been damaged in a case where the goods, etc. can be copied into goods with the same performance

③ In the cases of Paragraph 2, Subparagraphs 2 through 4, the user's withdrawal of subscription, etc. shall not be restricted if the Company has not taken measures in advance such as clearly stating the fact that withdrawal of subscription, etc. is restricted in a place where consumers can easily recognize it or providing trial products.

④ Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the goods, etc. differ from the displayed or advertised contents or the contract is performed differently from its terms, the user may withdraw the subscription, etc. within 3 months from the date of receiving the goods, etc., or within 30 days from the date on which the user became aware or could have become aware of such fact.

Article 16 (Effects of Withdrawal of Subscription, etc.)

① When the Company receives returned goods, etc. from a user, it shall refund the price of the goods, etc. already paid within 3 business days. In this case, if the Company delays the refund to the user, it shall pay delay interest calculated by multiplying the delay period by the delay interest rate determined and announced by the Fair Trade Commission.

② In refunding the above price, if the user paid for the goods, etc. by means of payment such as a credit card or electronic money, the Company shall without delay request the business operator that provided such means of payment to suspend or cancel the charge for the goods, etc.

③ In the case of withdrawal of subscription, etc., the user shall bear the costs required for returning the goods, etc. received. The Company shall not claim a penalty or damages from the user on the grounds of withdrawal of subscription, etc. However, if the subscription, etc. is withdrawn because the contents of the goods, etc. differ from the displayed or advertised contents or the contract was performed differently from its terms, the Company shall bear the costs required for returning the goods, etc.

④ If the user has borne the shipping cost when receiving the goods, etc., the Company shall clearly indicate who bears such cost in the event of withdrawal of subscription so that the user can easily understand it.

Article 17 (Protection of Personal Information)

① When collecting user information, the Company collects the minimum information necessary to perform the purchase contract. The following items are required, and all other items are optional.
1. Name
2. ID
3. Password
4. Gender
5. Date of birth
6. Mobile phone number
7. E-mail address

② When the Company collects personal information that can identify a user, it shall obtain the consent of the user concerned.

③ The personal information provided may not be used for purposes other than those intended or provided to third parties without the consent of the user concerned, and the website shall bear all responsibility therefor. However, the following cases are exceptions.

1. When providing a delivery company with the minimum user information (name, address and telephone number) necessary for delivery

2. When necessary for statistical compilation, academic research or market research, and provided in a form in which specific individuals cannot be identified

3. When necessary for settlement of payment for transactions of goods, etc.

4. When necessary for identity verification to prevent misappropriation

5. When required by law or when there are unavoidable reasons necessary under the law

④ When the Company must obtain the consent of users under Paragraphs 2 and 3, it shall specify or notify in advance the matters stipulated in Article 22, Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., such as the identity of the person in charge of personal information management (affiliation, name, telephone number and other contact information), the purpose of collection and use of the information, and matters related to the provision of information to third parties (recipient, purpose of provision and contents of the information to be provided), and users may withdraw such consent at any time.

⑤ Users may at any time request access to and correction of errors in their personal information held by the Company, and the Company shall be obligated to take necessary measures without delay. If a user requests correction of an error, the Company shall not use the personal information concerned until the error is corrected.

⑥ To protect personal information, the Company shall limit and minimize the number of administrators, and shall bear full responsibility for any damages to users caused by the loss, theft, leakage, alteration, etc. of users' personal information, including credit card and bank account information.

⑦ The Company or a third party that has received personal information from the Company shall destroy the personal information without delay once the purpose of collection or the purpose for which it was provided has been achieved.

Article 18 (Obligations of the Website)

① The Company shall not engage in acts prohibited by laws and these Terms and Conditions or contrary to public order and good morals, and shall do its best to provide goods and services continuously and stably in accordance with these Terms and Conditions.

② The Company shall have a security system in place to protect users' personal information (including credit information) so that users can use Internet services safely.

③ If a user suffers damages due to the Company's unfair labeling or advertising of goods or services as prescribed in Article 3 of the "Act on Fair Labeling and Advertising", the Company shall be liable to compensate for such damages.

④ The Company shall not send commercial advertising e-mails that users do not wish to receive.

Article 19 (Obligations Regarding Member ID and Password)

① Except in the cases under Article 17, members are responsible for managing their ID and password.

② Members shall not allow third parties to use their ID and password. ③ If a member becomes aware that his/her ID and password have been stolen or are being used by a third party, the member shall immediately notify the website and follow the website's instructions, if any.

Article 20 (Obligations of Users) Users shall not engage in any of the following acts.

1. Registering false information when applying or making changes

2. Misappropriating another person's information

3. Altering information posted on the website

4. Transmitting or posting information (such as computer programs) other than the information specified by the Company

5. Infringing the copyrights or other intellectual property rights of the website or third parties

6. Acts that damage the reputation of the website or third parties or interfere with their business

7. Disclosing or posting on the website obscene or violent messages, images, audio or other information contrary to public order and good morals

Article 21 (Relationship between Linking Websites and Linked Websites)

① When an upper website and a lower website are connected by means of hyperlinks (e.g., the targets of hyperlinks include text, images and moving images), the former is referred to as the linking website (website) and the latter as the linked website (website).

② If the linking website clearly states, on its initial screen or in a pop-up screen at the time of linking, that it does not bear warranty liability for transactions conducted with users involving goods, etc. independently provided by the linked website, it shall not bear warranty liability for such transactions.

Article 22 (Ownership of Copyright and Restrictions on Use)

① Copyrights and other intellectual property rights to works created by the Company shall belong to the ”Company".

② Users shall not use, or allow third parties to use, for commercial purposes any information obtained through the use of the website for which the intellectual property rights belong to the Company, by means of reproduction, transmission, publication, distribution, broadcasting or other methods, without the Company's prior consent.

③ When the Company uses copyrights belonging to a user in accordance with an agreement, it shall notify the user concerned.

Article 23 (Dispute Resolution)

① The Company shall establish and operate a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and to compensate for damages.

② The Company shall give priority to processing complaints and opinions submitted by users. However, if prompt processing is difficult, the Company shall immediately notify the user of the reason and the processing schedule.

③ If a user files an application for damage relief in connection with an electronic commerce dispute between the Company and the user, the matter may be subject to mediation by a dispute mediation organization commissioned by the Fair Trade Commission or the Mayor/Do Governor.

Article 24 (Jurisdiction and Governing Law)

① Lawsuits concerning electronic commerce disputes between the Company and users shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the user's address at the time of filing, or, if there is no address, over the user's place of residence. However, if the user's address or residence is unclear at the time of filing, or if the user is a foreign resident, the lawsuit shall be filed with the competent court under the Civil Procedure Act.

② The laws of the Republic of Korea shall apply to electronic commerce lawsuits filed between the Company and users.

Addendum

1. These Terms and Conditions shall take effect on Jan 1, 2019.