服務條款

The following template is the standard terms and conditions provided by the Korea Fair Trade Commission and may be subject to change depending on your store operations. Please check the specificities of your store operations and apply the necessary changes, while keeping in mind relevant laws and regulations, before using these terms. 

 

Article 1 (Purpose)

The purpose of these Terms is to regulate the rights, obligations, and responsibilities between the cyber mall ("Mall") operated by Above All Co., Ltd. (e-commerce business operator) and users in using the internet-related services ("Services") provided by the Mall. ※ "These Terms shall also apply to electronic commerce using methods such as PC communication and wireless communication, unless it contradicts the nature thereof."

Article 2 (Definitions)

① "Mall" refers to a virtual business place set up by a company to provide goods or services ("Goods, etc.") to users through the use of computer or other information and communication facilities, and also refers to the business operator operating the cyber mall.

② "User" refers to both members and non-members who access the Mall and receive the Services provided by the Mall according to these Terms. ③ "Member" refers to a user who has registered as a member of the Mall and can continuously use the Services provided by the Mall.

④ "Non-member" refers to a user who uses the Services provided by the Mall without registering as a member.

Article 3 (Notice and Explanation of Terms and Conditions, and Amendment)

① The Mall shall post on the initial service screen (front) of www.toomuch.tax to enable users to easily find out the contents of these Terms, the trade name and the name of the representative, the address of the place of business (including the address where consumer complaints can be handled), telephone number, facsimile number, email address, business registration number, e-commerce business registration number, and the personal information manager, etc. However, the contents of the Terms may be made available for viewing through a connection screen.

② Before the user agrees to these Terms, the Mall shall provide a separate connection screen or pop-up screen, etc., to enable the user to understand important contents such as withdrawal of subscription, delivery responsibilities, and refund conditions specified in the Terms.

③ The Mall may amend these Terms within the scope not violating relevant laws such as the Electronic Commerce Consumer Protection Act, the Act on Regulation of Terms and Conditions, the Electronic Documents and Transactions Act, the Electronic Financial Transactions Act, the Electronic Signatures Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, the Consumer Basic Act, etc.

④ When the Mall amends the Terms, it shall notify the user of the amended terms and the reasons for the amendment, along with the current Terms, on the initial screen of the Mall from 7 days prior to the effective date of the amendment until the day before the effective date. However, in case of changing the contents of the Terms unfavorably to the user, the Mall shall announce it with a prior notice period of at least 30 days. In this case, the Mall shall clearly indicate the contents before and after the amendment for the user's easy understanding.

⑤ When the Mall amends the Terms, the amended Terms shall apply only to contracts concluded after the effective date, and the provisions of the previous Terms shall apply to contracts already concluded before the amendment. However, if a user who has already concluded a contract wishes to apply the amended Terms, the user shall send a request to the Mall within the notice period of the amended Terms under Paragraph 3, and if the Mall agrees, the amended Terms shall apply.

⑥ Matters not specified in these Terms and the interpretation of these Terms shall be governed by the Electronic Commerce Consumer Protection Act, the Act on Regulation of Terms and Conditions, guidelines for consumer protection in electronic commerce, and relevant laws or commercial practices designated by the Fair Trade Commission.

Article 4 (Provision and Amendment of Services)

① The Mall shall perform the following tasks:

1. Provision of information on Goods, etc., and conclusion of purchase contracts
2. Delivery of Goods, etc., subject to purchase contracts
3. Other tasks designated by the Mall

② In the event of the Goods, etc., being sold out or changes in technical specifications, the Mall may change the contents of the Goods, etc., to be provided under the contract to be concluded in the future. In this case, the Mall shall immediately notify the changed contents of the Goods, etc., and the date of provision on the place where the current contents of the Goods, etc., are posted.

③ If the Mall needs to change the contents of the services agreed upon with the user due to reasons such as the sold-out status of Goods, etc., or changes in technical specifications, it shall notify the user of the reason to an address where the user can be notified immediately. ④ In the case of the preceding paragraph, the Mall shall compensate for any damages incurred by the user due to such changes. However, this shall not apply if the Mall proves that there is no intention or negligence on its part.

Article 5 (Suspension of Services)

① The Mall may temporarily suspend the provision of services in the event of maintenance, replacement, or breakdown of information and communication facilities such as computers, or suspension of communication.

② The Mall shall compensate for any damages incurred by the user or a third party due to the temporary suspension of the provision of services under Paragraph 1. However, this shall not apply if the Mall proves that there is no intention or negligence on its part.

③ In the event that the provision of services becomes impossible due to reasons such as a change in the business category, abandonment of business, or integration between companies, the Mall shall notify the user in accordance with Article 8 and compensate the consumer in accordance with the conditions initially presented by the Mall. However, if the Mall has not notified the compensation criteria, the Mall shall pay the user in kind or in cash equivalent to the mileage or accumulated points of the user, which are recognized as the currency value by the Mall.

Article 6 (Account Registration)
 

① Users apply for membership by entering their member information according to the registration form prescribed by the "Mall" and expressing their consent to these Terms.

② The "Mall" registers users as members unless they fall under any of the following subparagraphs among those who applied for membership as described in paragraph 1:

1. In cases where the applicant for membership has previously lost membership status under Article 7, Paragraph 3 of these Terms; provided, however, that this shall not apply to those who have obtained approval for re-registration as members of the "Mall" after three years have elapsed since the loss of membership status under Article 7, Paragraph 3.
2. In cases where there are false, missing, or incorrect registration details.
3. In cases where registering as a member would significantly impede the technical operation of the "Mall," as determined by the "Mall."

③ The time of formation of the membership agreement shall be the time when the "Mall's" approval reaches the member.

④ If there are any changes to the information provided at the time of membership registration, the member must notify the "Mall" of such changes through a method such as modifying member information within a reasonable period.

Article 7 (Withdrawal of Membership and Loss of Qualifications)

① Members may request withdrawal from the "Mall" at any time, and the "Mall" shall promptly process the withdrawal of membership.

② If a member falls under any of the following subparagraphs, the "Mall" may restrict or suspend membership:

1. If false information was registered upon application for membership.
2. If the member fails to pay the price of goods purchased through the "Mall" or other obligations borne by the member in relation to the use of the "Mall's" services by the due date.
3. If the member interferes with another person's use of the "Mall" or steals their information, thus threatening the order of electronic commerce.
4. If the member engages in acts prohibited by law or these Terms or acts contrary to public order and morals through the use of the "Mall."

③ If, after the "Mall" restricts or suspends membership, the same behavior is repeated more than twice or the reason is not corrected within 30 days, the "Mall" may terminate the membership.

④ In cases where the "Mall" terminates membership, the membership registration shall be revoked. In this case, the "Mall" shall notify the member of this fact and provide an opportunity to explain for at least 30 days before revoking the membership registration.

Article 8 (Notification to Members)

① In the event that the "Mall" notifies a member, it may do so to the electronic mail address agreed upon in advance between the "Mall" and the member.

② If the notification is for an unspecified number of members, the "Mall" may post it on the "Mall" bulletin board for more than one week instead of individual notification. However, individual notification shall be made for matters that significantly affect the member's transactions.

Article 9 (Purchase Application)

① Mall users apply for purchases through the "Mall" using the following or similar methods, and the "Mall" must provide the following information to the user in an easy-to-understand manner when making a purchase request:

1. Searching and selecting goods, etc.
2. Entering the recipient's name, address, telephone number, email address (or mobile phone number), etc.
3. Confirmation of the contents of the terms and conditions, services with restricted withdrawal rights, and the cost burden related to delivery and installation fees, etc.
4. Agreement to these Terms and confirmation or refusal of the items under No. 3 (e.g., mouse click).
5. Agreement to the purchase application and confirmation thereof or confirmation by the "Mall."
6. Selection of payment method.

② If it is necessary for the "Mall" to provide or outsource the purchaser's personal information to a third party when making an actual purchase request, the "Mall" must obtain the purchaser's consent at the time of the actual purchase request; however, it shall not obtain comprehensive consent at the time of membership registration. In this case, the "Mall" must specify to the purchaser the personal information items provided, the recipient, the purpose of using the recipient's personal information by the recipient, and the retention/use period. However, in cases such as personal information processing outsourcing under Article 25, Paragraph 1 of the Information and Communication Network Utilization Promotion and Information Protection Act, it shall comply with relevant laws.

Article 10 (Formation of Contract)

① The "Mall" may not accept the purchase application if it falls under any of the following subparagraphs. However, in the case of entering into a contract with a minor, it must inform the minor or the legal representative that the minor or legal representative can cancel the contract if the legal representative's consent is not obtained:

1. In cases where there are false, missing, or incorrect contents in the application.
2. In cases where a minor purchases goods and services prohibited by the Juvenile Protection Act such as tobacco, alcohol, etc.
3. In cases where accepting the purchase application would significantly impede the technical operation of the "Mall," as determined by the "Mall."

② The contract shall be deemed to have been concluded when the "Mall's" acceptance reaches the user in the form of a confirmation of receipt notification under Article 12, Paragraph 1 of these Terms.

③ The expression of the "Mall's" acceptance shall include confirmation of the user's purchase request, whether the purchase request is accepted, and information regarding the correction or cancellation of the purchase request.

1. Article 11 (Execution of Contracts and Payment of Purchase Prices)

   1. ① A sale and purchase contract will be executed by a Member offering to purchase a given item on the terms and conditions of sales suggested by a Seller and by the Seller’s acceptance of the Buyer’s offer.
   2. ② The "Mall" will provide methods for payment of the purchase price by Paypal.
   3. ③ The Buyer will enter information relating to the payment of the purchase price at his/her/its own responsibility, and shall solely take any and all liabilities and disadvantages arising out of the information entered by the Buyer in relation to the payment of the purchase price.
   4. ④ The "Mall" may cancel a transaction without the consent of any Member, if the purchase price is not paid within a certain time period after the order is placed
   5. ⑤ The "Mall" will take measures to allow the Buyer to check the contents of the executed sale and purchase contract on the web page of “My Account,” and will provide guidance on how to cancel the contract and the relevant procedures.
   6. ⑥ The "Mall" may check whether the Buyer is lawfully entitled to use the payment means used when paying the purchase price. The "Mall" may suspend the transaction until the completion of confirmation of the buyer’s right to such use, or cancel the transaction if it is impossible to obtain such confirmation.
   7. 
      

2. Article 12 (Delivery)

   1. ① A delivery period shall begin on the date following the date on which receipt or settlement of payment is confirmed and end on the date of completion of delivery.
   2. ② The "Mall" will guide the Seller to take measures necessary for delivery within three (3) business days from the Seller’s receipt of the "Mall" ’s notice to confirm the receipt of or settlement of payment by the Buyer. If it is difficult for the "Mall" to take measures necessary for delivery within three (3) days, the "Mall" will notify the Buyer thereof through the product page or via email.
   3. ③ Days during which delivery is impracticable due to a force majeure event or otherwise shall not be counted as part of the delivery period.
   4. ④ As a general rule, any dispute arising among the Seller, the Buyer, a delivery service provider, a financial institution, etc. in relation to the delivery, shall be resolved by the relevant parties, and the "Mall" shall in no way take any responsibility.
   6. ⑤ In Japan, for purchases exceeding 100,000 KRW including shipping, the recipient may be subject to taxes.
      

3. Article 13 (Cancellation)

   1. ① A Member may cancel an order of purchase at any time prior to the shipping of the purchased items after completion of payment. However, if cancellation is requested during the delivery, a Member may not cancel an order of purchase but shall request a return pursuant to the procedures for return of purchased goods. If the order is in progress, the Member must first confirm with Help Center whether it is possible to cancel the order.
   2. ② If an application for cancellation is received after a Member’s completion of payment and before shipping begins, the cancellation of the order will be immediately processed, absent special circumstances. In other circumstances, it may need certain time to cancel the order.
   3. ③ In the case of cancellation of an order when the order is ready for shipping, if the purchased items have already been shipped at the time when the cancellation application is received, as a general rule, the Buyer shall bear the fees for both delivery and return of the shipped items, and such procedures shall follow the procedures for return of purchased goods rather than the procedure for
   4. cancellation of purchased goods.
   5. 
      

4. Article 14 (Return)

   1. ① A Member may demand a return (“Return”) of the Seller’s items from the time when such items are shipped by the Seller within seven (7) days after receipt of the delivery pursuant to applicable laws and regulations. However, the applicable laws will prevail over the terms and conditions of sales suggested by the Seller, as for general terms and conditions on the Return.
   2. ② As a general rule, costs and expenses incurred for the Return (“Return Costs”) shall be borne by a person to whom the reason for the Return is attributable -- e.g., in the case of simple change of Buyer’s mind, the Buyer shall bear the Return Costs, while in the case of a defect in the purchased items, the Seller shall bear the Return Costs.
   3. ③ When applying for the Return, if the Buyer does not fill out the return invoice number or accurately notify (orally or in writing) the Seller of the reason(s) for the Return, the Return and refund process may be delayed.
   4. ④ In case the Buyer has to bear the Return Costs, if the additional payment of the Return Costs is not made, the refund may be delayed.
   5. 
      

5. Article 15 (Return or Refund)

   1. ① In the case of occurrence of any event for refund due to the Buyer’s cancellation of purchase or a return of the purchased items, the "Mall" will have the payment by credit card cancelled immediately.
   2. ② As a general rule, refund of payment by Paypal can be made only by way of cancellation of such payment.
   3. 
      *To the extent fully permitted by relevant laws, only in any of the following cases, the Buyer may demand a Return, exchange or refund:
      
   1. 1. if the item is lost, destroyed or damaged due to a cause attributable to the Seller;
   2. 2. if the products delivered differ from those shown or advertised on the product page;
   3. 3. if the products delivered differs from those ordered;
   4. 4. If the products delivered are defective; or
   5. 5. if any item, accessary or component of the products delivered is missing.

Article 16 (Supply of Goods, etc.)

① Unless otherwise agreed upon separately, the "Mall" takes necessary measures such as order production and packaging to deliver goods, etc., within 7 days from the day the user made a subscription. However, if the "Mall" has already received all or part of the price of goods, etc., it shall take measures within 3 business days from the day it received the price. In this case, the "Mall" shall take appropriate measures to allow the user to confirm the procedure and progress of the supply of goods, etc.

② The "Mall" shall specify the delivery method, the person responsible for the delivery cost by method, and the delivery period by method for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, it must compensate the user for any damages caused thereby. However, this does not apply if the "Mall" proves that there was no intention or negligence on its part.

Article 17 (Protection of Personal Information)

① When collecting user's personal information, the "Mall" collects the minimum amount of personal information necessary for providing services.

② The "Mall" does not collect in advance the information necessary for performing purchase contracts at the time of membership registration. However, if it is necessary for the performance of legal obligations to confirm the identity of the user before concluding a purchase contract, it does not apply.

③ When collecting and using personal information of users, the "Mall" notifies the user of the purpose and obtains consent.

④ The "Mall" may not use collected personal information for purposes other than the intended purpose, and if new purposes arise or if it provides the information to a third party, it must notify the user of such purpose and obtain consent during the collection or provision process. However, this does not apply if otherwise provided by relevant laws.

⑤ When the "Mall" needs to obtain user consent according to paragraphs 2 and 3, it must specify in advance or notify the user of the information required by Article 22(2) of the Act on Promotion of Information and Communication Network Utilization and Information Protection, such as the identity of the personal information protection manager (affiliation, name, telephone number, and other contact information), the purpose of collecting and using information, and the details of providing information to third parties, and the user may withdraw consent at any time.

⑥ Users may request to view and correct their personal information held by the "Mall," and the "Mall" is obliged to take necessary measures promptly until the correction of errors requested by the user is made. If the user requests correction of errors, the "Mall" shall not use the personal information until the error is corrected.

⑦ The "Mall" shall limit the number of personnel handling user's personal information to a minimum for the protection of personal information and shall be responsible for all damages caused to the user due to loss, theft, leakage, provision to third parties without consent, alteration, etc., of the user's personal information.

⑧ The "Mall" or a third party that received personal information from the "Mall" shall promptly destroy the personal information when the purpose of collecting, using, or providing personal information is achieved.

⑨ The "Mall" does not pre-select the consent section for the collection, use, and provision of personal information. Also, if the user refuses consent for the collection, use, and provision of personal information not essential for the service, the "Mall" will specify the services that will be restricted due to the refusal of consent and will not restrict or refuse to provide membership registration or services due to refusal of consent for the collection, use, and provision of personal information not essential for the service.

Article 18 (Obligations of the "Mall")

① The "Mall" shall not engage in acts prohibited by laws and these Terms and shall make continuous and stable efforts to provide goods and services in accordance with these Terms.

② The "Mall" shall establish and operate security systems to protect the personal information (including credit information) of users so that users can safely use internet services.

③ If the "Mall" violates Article 3 of the Act on Fair Labeling and Advertising by engaging in unfair labeling or advertising practices concerning goods or services, and if the user suffers damages as a result, the "Mall" shall be liable for compensation. ④ The "Mall" shall not send commercial emails for profit purposes that users do not want.

Article 19 (Obligations regarding User ID and Password)

① Except as provided in Article 17, the user is responsible for managing their own ID and password.

② Users must not allow third parties to use their ID and password.

③ If the user becomes aware that their ID and password have been stolen or are being used by a third party, they must immediately notify the "Mall" and follow the instructions provided by the "Mall."

Article 20 (User Obligations) 

Users must not engage in the following acts:

1. Registering false information when applying or modifying
2. Impersonating others
3. Altering information posted on the "Mall"
4. Transmitting or posting information other than the information specified by the "Mall" (such as computer programs)
5. Infringing upon the copyrights or intellectual property rights of the "Mall" or third parties
6. Damaging the honor of the "Mall" or third parties or interfering with their business
7. Disclosing or posting obscene or violent messages, images, sounds, or other information that is contrary to public morals on the "Mall"

Article 21 (Relationship between Linked "Malls" and Linked "Malls")

① When a higher-level "Mall" and a lower-level "Mall" are connected via hyperlink (e.g., hyperlinks may contain text, images, and animations), the former is referred to as the linking "Mall" (website), and the latter is referred to as the linked "Mall" (website).

② If the linking "Mall" clearly indicates through the initial screen of the linked "Mall" or a popup screen at the time of connection that it does not guarantee transactions conducted between users and the linked "Mall" based on goods independently provided by the linked "Mall," it shall not be responsible for such transactions.

Article 22 (Ownership and Restriction of Use of Copyrights)

① Copyrights and other intellectual property rights to works created by the "Mall" belong to the "Mall."

② Users may not use, without prior consent from the "Mall," information in which the intellectual property rights belong to the "Mall" for commercial purposes such as reproduction, transmission, publication, distribution, broadcasting, or provision to third parties by other means, among the information obtained by using the "Mall." ③ If the "Mall" uses copyrights belonging to users according to an agreement, it must notify the users.

Article 23 (Dispute Resolution)

① The "Mall" establishes and operates a compensation organization to reflect legitimate opinions or complaints raised by users and compensate for damages.

② The "Mall" gives priority to handling complaints and opinions submitted by users. However, if prompt handling is difficult, the reasons and processing schedule will be promptly notified to the users.

③ Regarding disputes arising from electronic commerce transactions between the "Mall" and users, if there is a request for user damage relief, it may be subject to mediation by a dispute mediation organization commissioned by the Fair Trade Commission or a mayor/governor.

Article 24 (Jurisdiction and Governing Law)

① Lawsuits concerning electronic commerce disputes between the "Mall" and users shall be under the exclusive jurisdiction of the local court having jurisdiction over the user's address at the time of filing. However, if the user's address or residence is not clear at the time of filing or if the user is a foreign resident, it shall be filed with the competent court under the Civil Procedure Act.

② Korean law shall apply to electronic commerce lawsuits filed between the "Mall" and users.