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Section 1. PURPOSE
These are the Terms and Conditions for your use of the services or features (hereinafter the “Services”) on the website, www.laka.co.kr (hereinafter the “Mall”) owned or controlled by LAKA Cosmetics, Inc (e-commerce service provider). The purpose of this agreement is to set forth the terms and conditions governing the mutual rights, duties and obligations of the parties hereto.
※ You may be accessing our Site from a computer or mobile phone device and these Terms and Conditions govern your use of the Mall and your conduct, regardless of the means of access.
Section 2. DEFINITIONS
① “The Mall” means an online store where LAKA Cosmetics provides goods or services to its users using information and communications technologies. The Mall also means a licensed business which operates the online store.
② “Users” refer to people who either sign up or don’t sign up for our website, access the Mall and use the services provided by the Mall in accordance with this Agreement.
③ "Member" means a user who registers with our website and provides personal information to the Mall. The Member is provided with our services and can use the services provided by the Mall.
④ "Non-member" refers to a user who does not sign up for our website and uses the services provided by the Mall.
Section 3. STATEMENT, EXPLANATION AND REVISION OF THE AGREEMENT
① The Mall posts the content of this Agreement, the name of the company and CEO, the business address (including the address where the customer's complaint can be handled), the telephone number, facsimile number, email address, business registration number, communication sales business report number and information on our Data Protection Officer on the page of our website so that you can easily find out the information. However, the content of the Agreement can be accessed and viewed by the user through a link.
② The Mall shall provide a separate page or pop up to ask for the confirmation of the user and help the user understand important content of this Agreement such as the withdrawal of consent, responsibility for shipping, and refund, before the user agrees to these Terms and Conditions.
③ The Mall can make amendments to this Agreement to the extent that it does not violate the relevant laws such as ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC., ACT ON THE REGULATION OF TERMS AND CONDITIONS, FRAMEWORK ACT ON ELECTRONIC TRANSACTIONS, DIGITAL SIGNATURE LAW, ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC., ACT ON DOOR-TO-DOOR SALES, ETC., and ACT ON THE CONSUMER PROTECTION.
④ When the Mall revises the Terms and Conditions, the effective date of, and the reason for the revision shall be posted on the first page of the Mall with the current Terms and Conditions, from the seven days before the effective date to the day before the date of effectuation.
However, if the revision of the Terms and Conditions puts users at a disadvantage, the notice shall be given, before at least 30 days of grace period. In this case, the Mall clearly shows what has changed in the Agreement so that user can easily notice the difference.
⑤ If the Mall revises this Agreement, an amended Terms and Conditions will apply only to the contracts signed after the effective date of the amended Agreement, and for the contracts signed before the amendment, the prior version of the Terms and Conditions shall apply. However, within the notice period stated under Section 3, if a user who has already signed a contract notifies the Mall that the user wants the prior version of the Agreement to be applied to the contract and the Mall agrees, the amended Terms and Conditions will apply.
⑥ Terms that are not stipulated in this Agreement and interpretation of the Agreement are subject to relevant laws, ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC., ACT ON THE REGULATION OF TERMS AND CONDITIONS, THE ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, and commercial practices.
Section 4. PROVISION OF AND CHANGE IN SERVICES
① Services Provided by the Mall are as follows:
1. Provide information on goods or services and conclude purchase contracts
2. Shipment of goods or services for which a purchase contract has been made,
3. Other services by the Mall
② The Mall may change the content of goods or services to be provided under a contract in cases where there is a change in the quality or technical specification of goods or services. In this case, the details of the changed goods or services and the specific date when they are provided shall be immediately notified on our website where the contents of the current goods or services are presented.
③ If the Mall changes the content of the services scheduled to be provided to a user who has signed an agreement with the Mall due to a change in the quality or technical specification of goods or services, the Mall should notify immediately the user of the reasons of the change.
④ Regarding the preceding paragraph, the Mall shall compensate for the damage suffered by the user. This does not apply, however, if the Mall proves that the change is not intentional or negligent.
Section 5. STOP SERVICE
① The Mall may temporarily stop service in the event of maintenance, replacement, breakdowns or disruptions in information and communication facilities such as computers.
② The Mall shall reimburse any damages suffered by the user or a third-party due to the temporary suspension of our services for the reasons stated in Paragraph 1. This does not apply when the Mall proves that there is no intention or negligence.
③ In a case where the service cannot be provided due to a change in business categories, abandonment of the existing business and integration between companies, the Mall shall notify the user in the manner stipulated in Section 8 and compensate users in accordance with the conditions set forth provided by the Mall. However, if the Mall does not notify of compensation standards, the Mall shall compensate users for the users’ mileage or reward with cash or cash equivalent that can be used at the Mall.
Section 6. SIGN UP
① You can create a customer account by signing up for our website and by clicking I agree to these Terms and Conditions.
② The Mall registers you as our members after you create a customer account and are not subject to one of the following:
1. A user has a previous record that he or she has lost membership under Section 7 (3) of this Agreement, except that the user gets the permission from the Mall to resign up for the Mall three years after the user being lost his or her membership.
2. If there is any false data, omission or misspelling in your registration information.
3. When registering you as a member seems difficult with the technology that the Mall has.
③ The effective date of the membership starts when the Mall’s acceptance reaches the member.
④ When there is a change in the registered information under Section 15 (1) of this Agreement, the member shall immediately notify the Mall of the change by email or other means.
Section 7. WITHDRAWAL OF MEMBERSHIP AND DISQUALIFICATION
① A member may request the withdrawal of membership at any time, and the Mall immediately accepts and processes the request.
② If a member is subject to any of the followings, the Mall may restrict or suspend membership of the user.
1. If a user submits false information in registering with the Mall,
2. If a member does not pay the debts borne by the member and does not make payment for the product that the member purchases from the Mall on the date of payment,
3. If a member interferes with others who use our services or disrupts e-commerce practices such as stealing others’ information,
4. If a member engages in activities that are prohibited by law or this Agreement or that are against public orders.
③ After the Mall restricts or suspends membership of a user, the Mall may disqualify the user’s membership if the same act is repeated more than twice or if the act is not corrected within 30 days.
④ When the Mall disqualifies its member, membership registration is terminated. In this case, the Mall will notify the member of this, and the member will be given a period of at least 30 days prior to the termination of membership registration to explain.
Section 8. NOTIFY MEMBERS
① When the Mall notifies a member, the Mall can send a notice via email address designated in advance by the member.
② The Mall can post a notice on the Mall bulletin board for many and unspecified members for more than a week. This can replace individual notices sent by the Mall. However, each member shall be given an individual notice if that matter has a significant importance on each member's transactions.
Section 9. MAKE A PURCHASE
The users of the Mall can make a purchase in the Mall according to the following or similar procedures. In processing a purchase, the Mall shall provide each of the following information to the user. However, if you are a member of the Mall, you may skip the second and fourth procedures.
1. Search and selection of goods,
2. Enter name, address, telephone number, email address (or mobile phone number),
3. Check the Terms and Conditions, the service for which the right to withdraw subscription is limited, and delivery fees and installation costs for the goods that you might purchase,
4. Indicate that you agree to these Terms and Conditions and whether you agree to the third procedure (by clicking the button),
5. Submit and confirm a purchase order and agree to the Mall’s confirmation of your purchase,
6. Select a payment method
Section 10. ESTABLISHMENT OF CONTRACT
① The Mall may not approve a purchase order under Section 9 if the order is subject to the following cases. If you enter into a contract with a minor, you must notify that his or her legal representative may withdraw the contract if the minor fails to get consent of the legal representative.
1. If there is any false data, omission or misspelling in the application,
2. If a minor purchases goods and services prohibited by the Juvenile Protection Act, such as tobacco and alcohol
3. If an approval of the purchase order seems difficult to process with the technology the Mall has,
② The contract shall be concluded when the acceptance of the Mall reaches a user in the form of the acknowledgment notice under Section 12 (1).
③ The Mall’s approval shall include information about the confirmation of the user's purchase and availability of goods or services that the user purchase, and the cancellation or correction of the purchase application.
Section 11. PAYMENT METHOD
Payment for goods or services purchased in the Mall may be made by any of the following methods. However, the Mall should not collect any additional commission for the payment method the user chooses for the payment of the goods or services.
1. Bank transfers such as phone banking, internet banking, and mail banking,
2. Cards payment such as prepaid card, debit card, credit card, etc.
3. Make a deposit without a bankbook
4. Payment by electronic money
5. Payment upon receipt
6. Payment by gift vouchers contracted or recognized by the Mall,
7. Payment by other electronic payment methods
Section 12. NOTIFICATION OF RECEIPT/CHANGE AND CANCELLATION OF PURCHASE REQUEST
① The Mall will notify a user of the receipt confirmation if the user submits a request for purchase.
② The user who has received the acknowledgment notice may request a change and cancellation of the purchase request immediately after receiving the acknowledgment notice if there is an error or disagreement in the user’s intention. The Mall shall handle the request without delay if the Mall is required to do so by the user before delivery. However, if payments have already been made, it will be subject to the provisions of Section 15 WITHDRAWAL.
Section 13. SUPPLY OF GOODS
① The Mall shall take necessary measures such as ordering, packaging, and others, so that a user can receive the goods within seven days after making a purchase, unless otherwise agreed on the timing of the shipment of the goods. However, if the Mall has already received all or part of the payment of goods, the action shall be taken within two business days of receiving all or part of the payment. The Mall shall take appropriate measures to ensure that the user can check the supply procedures and shipment of the goods.
② For the goods purchased by a user, the Mall specifies the means of shipping, the person responsible for the cost of delivery depending on the different means of shipping, and the shipment period by the different means of shipping. If the Mall fails to meet the agreed shipping period, the Mall will be liable for the damages suffered by the user. However, this is not the case when the Mall proves that there is no intention/negligence.
Section 14. REFUND
The Mall shall promptly notify a user when the goods that the user has purchased cannot be delivered or provided for reasons such as out of stock and others. If the Mall receives the payment of the goods in advance, the Mall shall fully refund or take the necessary measures to refund within two business days of receiving payment of the goods.
Section 15. WITHDRAWAL
① A user who has entered into a contract with the Mall for the purchase of the goods may withdraw the contract within seven days of receiving the notification of receipt confirmation.
② The user may not return or exchange goods for the following cases after they are delivered to the user:
1.If the goods are lost or damaged due to the fault of the user (however, if the packing is damaged to check the content of the goods, the offer may be withdrawn),
2. The value of goods has decreased significantly due to the use or consumption by the user,
3. If the value of goods has decreased greatly to the extent that resale is almost impossible due to the passage of time,
4. If a copy of the goods is possible to create a product with almost the same value or performance or the packaging of the original goods is damaged.
③ In the case of Paragraph 2 (2) and/or (4), the user can withdraw the contract if the Mall has not specified in advance the fact that the withdrawal can be limited or the Mall fails to provide a trial product for users.
(4) Notwithstanding the provisions of Paragraphs (1) and (2), if the products or services are different from what they have been advertised or introduced or the Mall fails to meet its obligations under the contract, the user can withdraw the contract within three months after the user has received the goods or within thirty days after the date you notice or the date you might notice the mentioned above.
Section 16. THE EFFECTUATION OF WITHDRAWAL
① The Mall shall reimburse the payment of goods that it received within three business days if the goods are returned from the user. In this case, when the Mall delays the refund of goods, it will pay the delayed payment interest calculated by multiplying the delayed interest rate determined and announced by the Fair Trade Commission for the delayed period.
② To refund the above payments, the Mall shall immediately request the suspension or cancellation of the billing process by third-party providers who process payment if the user has made a payment with a credit card or electronic money.
③ In the case of withdrawal, the user shall bear the cost of returning the goods provided. The Mall does not claim damages against the user for the withdrawal of the contract. However, if the user withdraws due to reasons such as the products or services are different from what they have been advertised or introduced, the Mall shall bear the cost of returning the goods.
④ In a case where the user pays the shipping cost for the shipment of the goods, the Mall clearly indicates who will bear the cost when the contract is withdrawn.
Section 17. PROTECTION OF PERSONAL INFORMATION
① The Mall collects the necessary information to process orders. The followings are the information that you are required to provide and others are optional:
3. Telephone or phone number
4. ID (For the member)
5. Password (For the non-member)
6. Email address (or number)
② We must obtain your consent when we collect personal information that can be used to identify the user.
③ The personal information you have provided shall not be used or provided to a third-party without the user's consent. The Mall is held accountable for the management of personal information. However, the following are exceptions:
1.For the shipment of goods, we transfer personal information (name, address and telephone number) necessary to a third-party service provider for the shipping,
2. When we are asked to provide the information that is anonymized so that you can no longer be identified from it for analysis, study and market research,
3. Where necessary for the payment of goods with transactions,
4. If necessary to verify identification to prevent theft
5. if we are required by law to do so
④ In a case where the Mall needs to obtain the consent of the user under Paragraphs 2 and 3, the Mall shall stipulate and notify in advance the information(department, name and telephone number) on Data Protection Officer, the purpose of collecting and using the information, and the information shared with third-party providers(third-party providers, the purpose of transfer and the information that will be shared) under the provision of Article 22 (2) of the Act on the Promotion of Information and Communication Network Utilization. You can withdraw this consent at any time.
⑤ The user may request access to and correct errors of his or her personal information obtained by the Mall at any time, and the Mall is obliged to take necessary measures without delay. If you request the correction of any errors in your personal information, the Mall will not use the personal information before the error is corrected .
⑥ The Mall designates only a few number of Data Protection Officers to protect personal information and takes full responsibility for the damages suffered by the user caused by loss, theft, leakage, or alteration of the user’s personal information including credit cards, bank accounts and others.
⑦ Third-party providers who have received personal information from the Mall will remove the information right after they use the information for the purposes stated in our policy.
Section 18. OBLIGATIONS OF THE MALL
① The Mall shall not engage in activities that are prohibited under these Terms and Conditions or act against public order, and shall make its best efforts to provide goods and services to the user as stated in this Agreement.
② The Mall shall have a security system to protect the user's personal information (including credit information) so that the user can safely use internet service.
③ The Mall is liable for damages suffered by the user when the damage is caused by unfair labeling or advertising under Article 3 of THE ACT ON FAIR LABELING AND ADVERTISING.
④ The Mall shall not send emails to the user for commercial purposes when the user do not want to receive the emails.
Section 19. OBLIGATION FOR MEMBER ID AND PASSWORD
① You are responsible for maintaining the confidentiality of your ID and password except for cases stated in Section 17.
② You should not allow third parties to use your ID and password.
③ You should notify the Mall of any theft or unauthorized use of your password or account by third parties and follow the instructions given by the Mall.
Section 20. OBLIGATIONS OF THE USER
You should not engage in the following activities:
1. Submit false information in registering with us or changing your personal information,
2. Steal others’ personal information,
3. Make changes to the uploaded/posted information on the Mall,
4. Transmission or posting of information (computer programs, etc.) other than the information designated by the Mall,
5. Infringement of intellectual property rights, including copyrights of the Mall and other third parties,
6. Undermine the reputation of or interfere with the business of the Mall or other third parties,
7. Disclose or poste any obscene or violent messages, videos, audios, or other information that are against public order on the Mall.
Section 21. RELATIONSHIP BETWEEN A CONNECTING AND A DEPENDENT MALL
① If an upper level of Mall and a lower level of Mall are connected by a hyperlink (for example, the subject of the hyperlink includes text, pictures, and moving images), the former is called a connecting Mall (a website), and the latter is called a dependent Mall (a website).
② If a connecting Mall states on the first page of the Mall or posts a pop-up message before connecting to a dependent mall that it shall not bear the liability of surety for transactions made between the user and the dependent Mall when products or services are independently provided by the dependent Mall, the connecting mall shall not bear the liability of a surety for that transaction.
Section 22. COPYRIGHTS AND LIMITED USE
① All information and content available on the Mall and other intellectual property rights of the Mall are property of ours.
② Neither the content nor any portion of the Mall may be reproduced, duplicated, transmitted, published, distributed, or otherwise exploited, in whole or in part, for any commercial purpose and be provided to third-parties without our prior written consent.
③ The Mall shall notify the user when it uses copyrights that belong to the user under this Agreement.
Section 23. DISPUTE RESOLUTION
① The Mall has our customer service team to resolve any disputes or claims relating to this agreement and compensate for the damage incurred.
② The Mall will first address complaints and respond to suggestions submitted by users. However, if it finds it difficult to respond promptly, the user will be notified immediately of the reasons for the delay and future schedule.
③ If there is a claim for remedy for disputes arising between the Mall and the user related to an e-commerce dispute, the claim will be resolved by arbitration of the Fair Trade Commission or a dispute settlement agency commissioned by a city or a provincial governor.
Section 24. APPLICABLE LAW AND COMPETENT COURT
① An e-commerce related lawsuit regarding the dispute arising between the Mall and the user shall be governed by a competent court based on the user’s address at the time of filing the complaint and if there is no information on the user’s address, it shall be resolved in a district court governing the user’s place of residence. However, if it is hard to specify the user’s address or the place of residence at the time of filing the complaint or if the user is a foreign resident, it shall be resolved in the competent court under the Civil Procedure Act.
② An e-commerce related lawsuit filed by the user and the Mall shall be governed by the laws of the Republic of Korea.
1. These Terms and Conditions become effective as of April 1, 2018.