1. Purpose
This Agreement aims to outline the rights, obligations, and responsibilities of WeToon and its users regarding the use of internet-related services (the "Service") provided by the internet shopping Company operated by WeToon.
2. Definitions
- 1. "Company" refers to the virtual business establishment set up by WeToon to allow users to trade goods or services using computers or other information and communication devices. It is also used to mean the operator of the cyber Company.
- 2. "User" refers to both members and non-members who access the Company and receive the services provided by the Company under this Agreement.
- 3. 'Member' refers to a user who has registered as a member of the Company and can continuously use the services provided by the Company.
- 4. 'Non-member' refers to a user who uses the services provided by the Company without registering as a member.
3. Amendment of Terms and Conditions
- 1. The Company shall post the content of this Agreement, along with the company name, representative's name, business address (including the address for handling consumer complaints), phone number, fax number, email address, business registration number, e-commerce permit number, and personal information management officer on the initial service screen (front page) of the cyber Company. The Agreement can also be accessed via a linked screen.
- 2. Before the user agrees to the terms, the Company shall provide a separate connection screen or pop-up screen to ensure the user can understand important contents such as the right to withdraw, delivery responsibility, and refund conditions.
- 3. The Company may amend this Agreement to the extent that it does not violate relevant laws such as the Consumer Protection Act in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Basic Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, and the Framework Act on Consumers.
- 4. If the Company amends the Agreement, it shall specify the application date and reasons for the amendment and notify the users by posting it on the Company's initial screen together with the current Agreement from seven days before the application date until the day before the application date. However, if the changes are unfavorable to the users, the Company shall provide at least 30 days' notice. In this case, the Company shall clearly compare the previous and revised terms so that users can easily understand the changes.
- 5. When the Company amends the Agreement, the amended Agreement shall apply only to contracts concluded after the application date, and the previous Agreement shall apply to contracts already concluded before that date. However, if an existing user who has already entered into a contract wishes to be subject to the amended Agreement, they may send their intention to the Company within the notice period of the amended Agreement as specified in paragraph 3, and the Company may agree to apply the amended Agreement.
- 6. Matters not stipulated in this Agreement and the interpretation of this Agreement shall follow the Consumer Protection Act in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Guidelines for Consumer Protection in Electronic Commerce as defined by the Fair Trade Commission, and related laws or commercial practices.
4. Provision and Change of Services
- 1. The Company shall perform the following tasks:
- 1. Providing information on services and concluding purchase contracts
- 2. Other tasks designated by the Company
- 2. The Company may change the content of goods or services to be provided by future contracts in case of sold-out goods or services or changes in technical specifications. In this case, the Company shall immediately specify and notify the content and delivery date of the changed goods or services on the place where the current goods or services are posted.
- 3. If the Company changes the content of services contracted with users due to sold-out goods or services or changes in technical specifications, the Company shall immediately notify the users at the address where they can be reached.
- 4. In the case of the previous paragraph, the Company shall compensate the user for damages caused. However, if the Company proves that there is no intention or negligence, it shall not be liable.
5. Suspension of Services
- 1. The Company may temporarily suspend the provision of services in case of maintenance, replacement, breakdown of information and communication facilities such as computers, or interruption of communication.
- 2. The Company shall compensate users or third parties for damages caused by the temporary suspension of service provision for reasons stated in paragraph 1. However, if the Company proves that there is no intention or negligence, it shall not be liable.
- 3. If the Company cannot provide services due to the conversion of business items, abandonment of business, integration between companies, etc., the Company shall notify the users as stipulated in Article 8 and compensate consumers according to the conditions originally offered by the Company. If the Company does not notify the compensation standards, the Company shall provide users with mileage or points equivalent to the value of the currency used in the Company or cash.
6. Membership Registration
- 1. Users shall apply for membership by filling out member information according to the registration form set by the Company and expressing their consent to this Agreement.
- 2. The Company shall register as members users who apply for membership as described in paragraph 1 unless they fall under the following subparagraphs:
- 1. If the applicant has lost membership qualification according to Article 7(3) of this Agreement, except if three years have passed since the loss of membership qualification and the Company has approved re-registration.
- 2. If there are false, omitted, or incorrect entries in the registration contents
- 3. If registering as a member is significantly impeded by the technology of the Company
- 3. The timing of the establishment of the membership contract shall be when the Company's acceptance reaches the member.
- 4. If there are changes in the registration details according to paragraph 1, the member shall notify the Company of the changes within a reasonable period through member information modification or other methods.
7. Withdrawal and Disqualification of Membership
- 1. Members may request to withdraw at any time, and the Company shall immediately process the withdrawal.
- 2. If a member falls under any of the following reasons, the Company may limit or suspend membership qualification:
- 1. If false information was registered during the application
- 2. If the member fails to pay the price of goods purchased using the Company or other liabilities borne by the member in connection with the use of the Company
- 3. If the member threatens the order of electronic commerce by interfering with the use of the Company by others or stealing the information
- 4. If the member uses the Company to conduct acts prohibited by laws or this Agreement or against public order and morals
- 3. If the same act is repeated more than twice or the cause is not corrected within 30 days after the Company restricts or suspends membership qualification, the Company may lose membership qualification.
- 4. If the Company loses membership qualification, it shall cancel the member registration. In this case, the member shall be notified and given an opportunity to explain with a period of at least 30 days before the cancellation of membership registration.
8. Notification to Members
- 1. When the Company notifies members, it can be done to the email address designated in advance with the Company.
- 2. The Company may substitute individual notifications by posting on the Company bulletin board for more than one week in case of notifications to unspecified members. However, individual notifications shall be made for matters that have a significant impact on the member's transactions.
9. Purchase Application and Personal Information Provision Consent
- 1. The Company users shall apply for purchase through the following or similar methods, and the Company shall provide the following contents in an easy-to-understand manner when users apply for purchase:
- 1. Search and select goods, etc.
- 2. Enter the recipient's name, address, phone number, email address (or mobile phone number), etc.
- 3. Confirmation of contents related to the cost burden such as terms and conditions, withdrawal rights, and shipping fees, installation fees, etc.
- 4. Indicate that the user agrees to these terms and conditions and confirms or rejects the above contents (e.g., mouse click)
- 5. Apply for purchase of goods, etc. and confirm or agree to the Company’s confirmation of this
- 6. Select payment method
- 2. If the Company needs to provide the buyer's personal information to a third party, it shall inform the buyer and obtain consent for the following items: 1) the recipient of personal information, 2) the purpose of use of the recipient's personal information, 3) the items of personal information provided, and 4) the period of retention and use of personal information by the recipient. (The same applies if there are changes.)
- 3. If the Company entrusts a third party with the handling of the buyer's personal information, it shall inform the buyer and obtain consent for the following items: 1) the person entrusted with handling personal information, and 2) the purpose of handling personal information. (The same applies if there are changes.) However, if necessary for the fulfillment of the service contract and for the buyer's convenience, the Company may notify through the privacy policy without going through the notification and consent process.
10. Establishment of Contract
- 1. The Company may not accept purchase applications that fall under any of the following subparagraphs. However, in the case of a contract with a minor, the Company shall inform that the minor or their legal representative may cancel the contract if the consent of the legal representative is not obtained.
- 1. If there are false, omitted, or incorrect entries in the application
- 2. If minors purchase goods and services prohibited by the Juvenile Protection Act such as tobacco and alcohol
- 3. If accepting the purchase application is significantly impeded by the technology of the Company
- 2. The contract is deemed established when the Company's acceptance reaches the user in the form of a receipt confirmation notification as described in Article 12(1).
- 3. The Company's acceptance shall include information on the user's purchase application confirmation and availability, correction, cancellation, etc.
11. Payment Methods
The payment methods for goods or services purchased from the Company may be any of the following methods available. However, the Company shall not charge any additional fees 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 transfers
- 4. Payments using electronic money
- 5. Payments upon receipt
- 6. Payments using mileage or points provided by the Company
- 7. Payments using gift certificates contracted with or recognized by the Company
- 8. Other electronic payment methods
12. Receipt Confirmation Notification, Purchase Application Change, and Cancellation
- 1. The Company shall send a receipt confirmation notification to the user when there is a purchase application.
- 2. Upon receiving the receipt confirmation notification, the user may request the change or cancellation of the purchase application immediately if there is a discrepancy in the intention. If the user requests a change or cancellation before delivery, the Company shall process it without delay. However, if payment has already been made, it shall follow the provisions regarding withdrawal of subscription in Article 15.
13. Supply of Goods
- 1. Unless otherwise agreed on the supply period of goods with the user, the Company shall take necessary measures such as order production and packaging to deliver the goods within seven days from the date of subscription. If the Company has already received all or part of the payment, it shall take necessary measures within three business days from the date of receiving the payment. At this time, the Company shall take appropriate measures to ensure that the user can check the supply procedures and progress of the goods.
- 2. The Company shall specify the delivery method, the bearer of the delivery cost for each delivery method, and the delivery period for each delivery method for the goods purchased by the user. If the Company exceeds the agreed delivery period, it shall compensate the user for the damages caused. However, if the Company proves that there is no intention or negligence, it shall not be liable.
14. Refund
If the Company cannot deliver or provide the goods due to sold-out goods or other reasons, it shall immediately notify the user of the reason and refund the payment within three business days from the date of notification.
15. Withdrawal of Subscription, etc.
- 1. Users who have entered into a contract for the purchase of goods, etc. with the Company may withdraw the subscription within seven days from the date they receive the written contract content as stipulated in the Consumer Protection Act in Electronic Commerce. However, if there are other provisions regarding withdrawal of subscription in the Consumer Protection Act in Electronic Commerce, those provisions shall apply.
- 2. Users may not return or exchange goods if they fall under any of the following subparagraphs after receiving the goods:
- 1. If the goods are lost or damaged due to reasons attributable to the user (except when the packaging is damaged to check the content of the goods)
- 2. If the value of the goods has significantly decreased due to the user's use or partial consumption
- 3. If the value of the goods has significantly decreased to the extent that resale is difficult due to the passage of time
- 4. If the packaging of replicable goods is damaged
- 3. In the case of subparagraphs 2 to 4, if the Company did not specify that withdrawal of subscription is restricted in a place easily visible to the consumer or did not provide trial goods, the user's withdrawal of subscription shall not be restricted.
- 4. Despite paragraphs 1 and 2, if the content of goods is different from the displayed or advertised content or is not performed according to the contract, the user may withdraw the subscription within three months from the date they received the goods or within 30 days from the date they knew or could have known the fact.
16. Effects of Withdrawal of Subscription, etc.
- 1. If the Company receives the returned goods from the user, it shall refund the payment within three business days. If the Company delays the refund, it shall pay the delayed interest calculated by multiplying the delay period by the delayed interest rate specified in the Enforcement Decree of the Consumer Protection Act in Electronic Commerce.
- 2. When the Company refunds the payment, if the user paid with a credit card or electronic money, it shall request the business that provided the payment method to suspend or cancel the billing without delay.
- 3. In the case of withdrawal of subscription, the user shall bear the cost of returning the goods. The Company shall not charge a penalty or claim damages for the withdrawal of subscription. However, if the content of the goods is different from the displayed or advertised content or is not performed according to the contract, the Company shall bear the cost of returning the goods.
- 4. If the user bears the shipping cost when receiving the goods, the Company shall clearly indicate who bears the cost of withdrawal of subscription so that the user can easily understand.
17. Privacy Protection
- 1. The Company shall collect the minimum personal information necessary to provide the service.
- 2. The Company shall not collect information necessary for the fulfillment of the purchase contract during membership registration. However, if identity verification is required before the purchase contract to fulfill legal obligations, the Company may collect the minimum specific personal information.
- 3. When collecting and using the user's personal information, the Company shall inform the user of the purpose and obtain consent.
- 4. The Company shall not use the collected personal information for purposes other than the intended purpose. If a new purpose arises or if the information is provided to a third party, the Company shall inform the user and obtain consent at the use or provision stage. Exceptions are made if there are other provisions in the relevant laws.
- 5. If the Company needs to obtain the user's consent under paragraphs 2 and 3, it shall specify or inform in advance the identity of the personal information management officer (affiliation, name, phone number, other contact information), purpose of collection and use, matters related to the provision of information to third parties (recipient, purpose of provision, and content of information provided) in accordance with Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection. The user may withdraw this consent at any time.
- 6. The user may request to view and correct errors in their personal information held by the Company at any time, and the Company shall take necessary measures without delay. If the user requests correction of an error, the Company shall not use the personal information until the error is corrected.
- 7. To protect personal information, the Company shall limit the handling of personal information to a minimum and shall be fully responsible for any damage to the user caused by loss, theft, leakage, provision to third parties without consent, or alteration of the user's personal information, including credit cards and bank accounts.
- 8. The Company or a third party who receives personal information from the Company shall destroy the personal information without delay when the purpose of collection or provision is achieved.
- 9. The Company shall not pre-select the consent field for the collection, use, and provision of personal information. It shall also not restrict or refuse the provision of services such as membership registration due to the user's refusal to consent to the collection, use, and provision of non-essential personal information.
18. Limitation of Liability
- 1. The Company shall not be responsible for any damage caused to members due to free services unless it is due to the Company's gross negligence.
- 2. The Company shall not be responsible for any information obtained by members or users during the use of services or for the content and accuracy of the information.
- 3. The Company shall not be responsible for any loss or damage caused by unavoidable reasons such as maintenance, replacement, or failure of information and communication facilities, or the interruption of communication services.
19. Obligations of the Company
- 1. The Company shall not engage in acts prohibited by laws and this Agreement or against public order and morals and shall do its best to provide goods and services continuously and stably as stipulated in this Agreement.
- 2. The Company shall have a security system to protect users' personal information (including credit information) so that users can safely use internet services.
- 3. The Company shall be liable for damages caused to users due to unfair display or advertising activities specified in Article 3 of the Act on Fair Labeling and Advertising.
- 4. The Company shall not send unsolicited commercial emails for profit that users do not want.
20. Obligations of Members for ID and Password
- 1. Members shall be responsible for managing their ID and password except for cases in Article 17.
- 2. Members shall not let third parties use their ID and password.
- 3. If a member recognizes that their ID and password have been stolen or are being used by a third party, they shall immediately notify the Company and follow the Company's instructions.
21. Obligations of Users
Users shall not engage in the following acts:
- 1. Registering false information during application or change
- 2. Stealing information from others
- 3. Changing information posted on the Company
- 4. Transmitting or posting information (computer programs, etc.) other than the information set by the Company
- 5. Infringing on the intellectual property rights of the Company or third parties
- 6. Damaging the reputation or interfering with the business of the Company or third parties
- 7. Disclosing or posting obscene or violent messages, images, voices, or other information against public order and morals on the Company
22. Relationship between Connected Companys
- 1. If a higher-level Company and a lower-level Company are connected by hyperlinks (e.g., text, pictures, moving images), the former is called the connecting Company (website), and the latter is called the connected Company (website).
- 2. If the connecting Company specifies in its initial screen or pop-up screen at the time of connection that it does not guarantee the transactions made independently by the connected Company, the connecting Company shall not be liable for the transactions.
23. Attribution and Use of Copyright
- 1. The copyright and other intellectual property rights of the works created by the Company belong to the Company.
- 2. Users shall not use the information obtained by using the Company for profit or let third parties use it by copying, transmitting, publishing, distributing, broadcasting, or other methods without the prior consent of the Company.
- 3. If the Company uses the copyright owned by the user under an agreement, the Company shall notify the user.
24. Dispute Resolution
- 1. The Company shall establish and operate a damage compensation processing organization to reflect users' legitimate opinions or complaints and compensate for the damages.
- 2. The Company shall prioritize the processing of complaints and opinions submitted by users. However, if prompt processing is difficult, the Company shall immediately notify the user of the reasons and the processing schedule.
- 3. If there is a request for damage relief from a user regarding electronic commerce disputes between the Company and the user, the Company may follow the mediation of the dispute mediation organization commissioned by the Fair Trade Commission or the mayor/governor.
25. Jurisdiction and Governing Law
- 1. Lawsuits related to electronic commerce disputes between the Company and users shall be filed with the competent court of the user's address at the time of filing. If the user's address or residence is not clear at the time of filing, it shall be filed with the competent court under the Civil Procedure Act. However, if the user resides abroad, it shall be filed with the competent court in accordance with the Civil Procedure Act.
- 2. The laws of the Republic of Korea shall apply to lawsuits filed between the Company and users regarding electronic commerce disputes.
Supplementary Provision 1.
(Enforcement date) These terms and conditions will come into effect on May 10, 2024.