Terms and Conditions
Article 1 (Objective)
The objective of this general terms and conditions is to set forth the rights, duties, and obligations in using the internet service provided by [bugaboo.com] website (hereinafter referred as “Site”), which is operated by [Bugaboo Korea Ltd.] (hereinafter referred as “Company”).
Article 2 (Definitions)
1. “Site” means the internet website, described below, Company created and operates to provide services to its users, and also means the business that operates a cyber mall.
- Bugaboo Korea Ltd.: [bugaboo.com]
2. “User” means members and non-members who receive services offered on the Site by accessing Site.
3. “Member” means a person who has registered with Site as a member and who can continuously receive information and use services offered on Site.
4. “Nonmember” means a person who, without registering with the site as a member, uses services offered by Site and Company.
5. “ID” means a combination of letters and numbers Member sets and the Site approves for identification of Member and use of services.
6. “Password” means a combination of letters and numbers used for confirming the identification of Member as approved with ID and for protecting Member’s identification.
Article 3 (Statement, Explanation, and Amendment of Terms and Conditions)
1. Site shall disclose on its homepage the contents of the terms and conditions, the names of the business and its representative, the address of its office (including the address of its customer service), phone and fax numbers, E-mail address, the business registration number, the registration number for telemarketing business, and personal information manager. Site, however, may disclose the contents of the terms and conditions on a connected page.
2. Site shall provide a separate page or a pop-up page to help User understand some important contents such as order cancellation, accountability for shipping and handling, refund conditions before User would agree to the terms and conditions.
3. Site may amend the terms and conditions within the purview of the [Act on the Consumer Protection in Electronic Commerce, etc.], the [Act on the Regulation of the Terms and Conditions], the [Framework Act on Electronic Documents and Transactions], the [Electronic Financial Transactions Act], the [Digital Signature Act], the [Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.], the [Act on Door-to-Door Sales, etc.] and the [Framework Act on Consumers].
4. If Site seeks to amend the terms and conditions, Site shall disclose on its homepage the date for the amended terms and conditions to take effect and the reason for the amendment along with the current terms and conditions from 7 days before the effective date to the day before the effective date. If, however, the amended terms and conditions are deemed unfavorable to User, the disclosure should be available for at least 30 days. In such case, Site shall disclose the clear comparison of the terms and conditions between before and after the amendment to help User readily understand the amended contents.
5. If Site seeks to amend the terms and conditions, the amended terms and conditions shall apply only to contracts entered into after the effective date of the amendment and, for contracts entered into before the effective date, the terms and conditions prior to the amendment shall apply. If, however, User who had already agreed to a contract transmits to Site the User’s request for the amended terms and conditions to apply to the contract within the disclosure period pursuant to Paragraph 3 of the amended terms and conditions and receives Site’s approval, then the amended terms and conditions shall apply.
6. Any issues unspecified in these terms and conditions and interpretation of the terms and conditions shall follow the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of the Terms and Conditions, the consumer protection guidelines and related rules in electronic commerce determined by the Fair Trade Commission or commercial practice.
Article 4 (Offer and Change of Services)
1. Site shall carry out the following tasks.
① Sale of goods
② Offer information on goods and enter into purchase agreements
③ Engage in various sales promotional activities such as advertising and promotional events (including newsletters)
④ Other value added services favorable to User
2. If a good is out of stock or its technical specifications are revised, Site may revise the information on the good to be offered through forthcoming contracts. In such case, Site shall promptly disclose the revised information and the offered date on the same location as the information on the good is currently disclosed.
3. If Site revises information on the services for which it entered into agreement with User for reasons such as good being out of stock, Site shall promptly send a written notice to User to disclose the reason.
4. In case of the previous clause, Site shall compensate User for losses incurred as a result. If, however, Site’s action were unintentional or not negligent, then Site shall not be held liable.
5. Information offered by Site might be incomplete or inaccurate due to typos or programming errors. If it is clear that the incomplete or inaccurate information was caused by such mistakes, then Site’s liability may be limited.
6. It is possible that a good’s color as displayed on Site may inaccurately portray the true color of the good. Please be cautious for such difference of color as it appears on your computer screen.
7. All intellectual property rights for items displayed on Site belong to [bugaboo.com or Bugaboo Korea Ltd.] Any uses of items such as copying or distributing are impermissible without prior written consent by [bugaboo.com or Bugaboo Korea Ltd.] unless related laws permit the use.
Article 5 (Service Halt)
1. Site may temporarily halt its service for reasons such as maintenance or replacement of computers and other technical equipment, or network connection interruption.
2. Site shall compensate User or a third party for any losses incurred as a result of the halted service for reasons set forth in the previous clause. If, however, Site’s action were unintentional or not negligent, then Site shall not be held liable.
3. If services are no longer offered due to reasons such as change of business, discontinuance of business, or merger between businesses, Site shall notify User in a manner set forth in Art. 8 and compensate User under with the conditions Site offers. If, however, Site fails to notify User of the compensation details, Site shall compensate User with mileages or accumulated money in cash or by merchandises worth the value of the currency used in Site.
Article 6 (Membership Registration)
1. User shall register for membership by filling out the member information in Site’s application form and indicating User’s agreement to the terms and conditions.
2. Site shall register, among User who registered for membership as in the previous clause, User who does not fall under any of the following.
① The applicant had lost his or her membership under Art. 7 Para. 3 of the terms and conditions except when 3 years had passed since the applicant had lost his or her membership and Site had approved the applicant’s registration.
② The application contains falsified, omitted, or erroneous information.
③ Or, if it is determined that the application may technically impede Site.
3. A minor (under the age of 14) may not register for membership.
4. The date for the membership registration contract to take effect is the date Member receives Site’s approval.
5. If there is change in the information Member provided for the registration, Member shall notify Site of the change within appropriate time period by electronically modifying the information provided.
Article 7 (Withdrawal from Membership and Disqualification)
1. Member may always request Site for withdrawal of membership and Site shall promptly process the withdrawal request.
2. If Member falls under any of the following, Site may restrict or disqualify Member’s membership.
① False information was entered when Member applied for membership for Site.
② Member fails to make the payment due within deadline for goods Member purchased on Site or for what Member owed to Site for using services offered on Site.
③ Member imperils the order in e-commerce by interfering with another person’s use of Site or stealing another person’s personal information.
④ Member engages in an activity prohibited under the laws or these terms and conditions or against the good public order and customs.
⑤ Member has been subject to a sanction such as restriction or disqualification of membership for more than 3 times.
⑥ Member has been subject to a sanction within 30 days after being relieved from such sanction.
⑦ Member fails to rectify his or her activity that subjected Member to the sanction within 14 days of being asked to rectify.
⑧ If it is deemed impossible to offer Member an opportunity to be heard due to unknown whereabouts of Member, Site may reasonably determine to erase Member’s membership.
⑨ Member engages in purchasing for resale of goods (e.g., securing inventory of popular goods for purpose of resale) or repeatedly returning goods after purchasing such that Site’s business activities are impeded.
3. Site may disqualify Member if Member engages in the same activity more than twice or fails to rectify within 30 days after Site restricts or suspends Member’s membership.
4. If Site disqualifies Member, his or her membership is erased. In such case, Site shall send notice to Member and give Member at least 30 days for an opportunity to be heard.
Article 8 (Notice to User)
1. If Site sends notice to Member, such notice can be sent to Member’s designated E-mail address.
2. For notice to multiple unspecified individuals, Site may display the notice on its bulletin board for more than 1 week to substitute for individual notice. For matters that may significantly impact Member’s dealings with Site, however, individual notice shall be made.
Article 9 (Purchase Order and Agreement to Providing Personal Information)
1. Site’s User shall make a purchase order of a good on Site in the following manner, or in a similar manner, and Site shall provide the following details in a manner convenient for User’s purchase.
① Searching and selecting of goods
② Entry of the recipient’s name, address, phone number, E-mail (or mobile number)
③ Confirmation on the terms and conditions, services for which the right to cancel an order is limited, burden of expenses such as shipping and installation charges
④ Action for agreeing to the terms and conditions and for confirming or declining the subparagraph 3 above (e.g., a mouse click)
⑤ Confirming the purchase order of goods
⑥ Selecting the payment method
2. If Site needs to provide a third party with purchaser’s personal information, Site shall notify purchaser of 1) the party who receives the personal information, 2) the purpose of using the personal information, 3) details on the personal information provided, 4) the period for storing and using the personal information, and seek the purchaser’s consent. (Site shall do the same if revisions are made to parts where consented.)
3. If Site delegates its duty to a third party such that the third party can handle purchaser’s personal information, Site shall notify the purchaser of details regarding 1) the third party entrusted with handling the personal information and 2) the business of handling the purchaser’s personal information, and seek the purchaser’s consent. (Site shall do the same if revisions are made to parts where consented.) If, however, it is deemed necessary for performing the duties related to service offers and for promoting the purchaser’s convenience, the procedures for notice and seeking consent may be overridden under the policy for handling personal information prescribed in the [Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.]
Article 10 (Approval of Purchase Agreement)
1. Site may disapprove of the purchase request under Art. 9 if it falls under any of the following. If, however, the purchase agreement is with a minor, Site shall disclose that the agreement can be rescinded by the minor or the minor’s legal representative without obtaining consent from the minor’s legal representative.
① The purchase order contains falsified, omitted, or erroneous information.
② The purchase is for commercial purpose (resale), or is determined under the circumstances to be for commercial purpose (resale).
③ Or, if it is determined that the application may technically impede Site.
2. The date for Site’s approval to arrive User in the manner prescribed in Art. 12 Para. 1 is deemed to be the date the agreement is entered into.
3. The approval by Site shall include information on the confirmation of User’s purchase order and the sale possibility, or on the correction or cancellation of the purchase order.
Article 11 (Payment Method)
The method of payment for goods purchased or services offered on site, respectively, can be any of the following method available. Site, however, may not add any types of fees for respective payment methods.
① Various direct transfer methods such as online banking
② Card payments using prepaid cards, check cards or credit cards
③ Online direct deposit
④ Other electronic payment methods
Article 12 (Notice of Confirmation of Receipt, Revision and Cancellation of Purchase Order)
1. Site shall send notice to User to confirm its receipt of User’s purchase order.
2. User who received notice may promptly request to Site for revision or cancellation of the purchase order if there is disagreement between parties, and, upon receiving such request prior to shipping, Site shall promptly process the request. If, however, the payment had been already made, the process should follow the rules set forth in Art. 15 Order Cancellation.
Article 13 (Delivery of Goods)
1. Site shall take necessary measures such as making and packaging goods so that goods can be delivered within 7 days of User’s order placement unless a separate agreement for the delivery timeframe exists. If, however, Site had already received the payment, in whole or in part, for goods, Site shall take measures within 3 business days of receiving the payment. Site also shall take appropriate measures so that User can track the delivery progress of goods ordered.
2. Site shall disclose for User’s ordered goods the method of delivery, estimated cost for each method of delivery and who should bear the cost, and estimated delivery time for each method of delivery. If delivery time is longer than the estimated delivery time, Site shall be liable for losses User incurred as a result. If, however, Site proves that its action were unintentional or not negligent, then Site shall not be held liable.
Article 14 (Refund)
In case when Site fails to deliver a good User ordered due to reasons such as the good being sold out, Site shall promptly notify User the reason and, if Site had already received payment for the good, Site shall refund or take necessary measures for refunding the payment within 3 business days of the date of the receipt.
Article 15 (Order Cancellation)
1. User who entered into an agreement with Site to purchase a good may, in accordance with Art. 13 Para. 2 of the [Act on the Consumer Protection in Electronic Commerce, etc.], may cancel the order within 7 days of the date of receiving a written document which details the purchase order (If delivery of the good is complete later than the date of receiving the document, User may cancel the order within 7 days of the date of delivery[RU1], either when completed or commenced). If, however, the [Act on the Consumer Protection in Electronic Commerce, etc.] specifies how an order may be cancelled, then the related laws shall be followed.
2. User may not return or exchange the good delivered to User if any of the following is applicable.
① Good was destroyed or damaged due to fault by User. (If, however, only packaging was damaged in the course of checking the contents inside the good, User may still cancel the order)
② Good’s value significantly diminished as a result of User’s using or partially consuming the good.
③ Good’s value significantly diminished to render resale impossible as a result of time passed.
④ For goods replicable to a good with identical effectiveness as the original good, the original good’s packaging was damaged.
3. For Para. 2 Subpara. 2 or Subpara 4 of this Article, User may cancel the order if Site failed to disclose for User to easily recognize the conditions for limiting such cancellation or to provide User with a trial good.
4. Despite Para. 1 and Para. 2, if the contents of a good is different from how it was promoted or advertised or if the performance under the purchase agreement was carried out differently from the agreement, User may cancel the order within 3 months of the good’s delivery or 30 days of the date User realized or could have realized the difference.
Article 16 (Effect of Order Cancellation)
1. Site shall, after a good is returned from User, refund the payment or take necessary measures for the refund within 3 business days. If Site’s refund to User is delayed, Site shall pay interest for the delay, in accordance with Art. 21 Para. 2 of the [Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.], computed by multiplying the delayed period by the delay interest rate.
2. If User had used credit card or other electronic currencies as the method of payment, Site shall promptly request the payment service provider to suspend or cancel the payment process.
3. For cancelled orders, User shall bear the cost for returning the good delivered. Site may not seek penalty or liability when User cancels orders. If, however, User cancels an order because the contents of the good ordered is different from how it was promoted or advertised, Site shall bear the cost of returning the good.
4. Site shall visibly disclose to User who should bear the cost of returning good in case User is to bear the cost of shipping for delivery.
Article 17 (Protecting Personal Information)
1. Site may collect personal information of User when User registers for membership, but only the minimum personal information within necessary scope for providing Site’s services. The following list contains the mandatory items, while other items are optional.
② E-mail address, whether to receive promotional E-mails
③ Mobile phone number, whether to receive promotional text messages
④ Desired ID (For Member)
⑤ Password (For Member)
⑥ Date of Birth
2. Site shall disclose the purpose of collecting and using User’s personal information and seek consent from User.
3. Site may not use the collected personal information other than for its intended purpose. If new purpose arises or if the personal information is provided to a third party, Site shall disclose the new purpose to User and seek User’s consent at the stage of using or providing the personal information, unless otherwise prescribed in related laws.
4. In case when Site seeks User’s consent in accordance with Para. 2 and Para. 3, Site shall make a prior disclosure or notice to User containing the identity of the individual in charge of managing the personal information (affiliation, name and phone number, other contact details), the purpose for collecting and using the information, and details on providing the information to a third party (the identity of the third party, the details on the information provided), pursuant to Art. 22 Para. 2 of the [Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.]. User may withdraw User’s consent at any time.
5. User may at any time request Site to access User’s personal information Site has and to correct any errors. Site shall promptly take necessary measures to comply with User’s request. In case when User requests to correct any errors, Site may not use User’s personal information until the error is corrected.
6. Site shall minimize the number of individuals who handle User’s personal information and take full responsibility for damages to User resulting from loss, theft, leak, providing to a third party without consent, or falsification of User’s personal information including credit card and bank account information.
7. Once the purpose for collecting and using User’s personal information is achieved, Site or the third party provided with User’s personal information shall immediately destroy the personal information.
8. Site may not preset the field for consenting to collecting, using, providing personal information as selected. Moreover, Site shall disclose in detail the services that will be limited upon User’s refusal to consent, and may not restrict or deny services to User for refusing to consent for collecting, using, providing personal information that is not mandatory.
Article 18 (Duty of Site)
1. Site may not engage in conduct prohibited by the laws or these terms and conditions or against the public order and standards of decency, and shall do its best to continuously and stably deliver goods in accordance with these terms and conditions.
2. Site shall establish security system to protect User’s personal information (including credit information).
3. Site shall be held liable if User incurred losses as a result of Site’s improper labeling or promotional activities for its goods or services in violation of Art. 3 of the [Act on Fair Labeling and Advertising].
4. Site shall be held liable to User for User’s losses in using Site’s services if losses were incurred due to Site’s intentional conduct or gross negligence. However, Site shall not be held liable for disputes arising from unforeseen network incidents, such as hacking, despite having taken necessary security measures, or from damages to User’s personal information and service disruption due to natural disasters.
5. Site may send informational and promotional E-mails, text messages, letters and other information to User who have previously consented to receiving such information from Site.
Article 19 (Duty Concerning Member ID and Password)
1. Member shall have the duty to manage Member’s ID and Password except cases under Article 17.
2. Member may not let a third party use Member’s ID and Password.
3. If Member recognized that Member’s ID and Password was stolen or being used by a third party, Member shall immediately report to Site and follow Site’s instructions, if any.
4. If User breaches User’s duties set forth in these terms and conditions, Site may restrict User’s ID and use of services.
Article 20 (Duty of User) User may not engage in the following conduct.
① Entering false personal information when registering or modifying
② Using someone else’s personal information
③ Modifying information disclosed on Site
④ Transmitting or disclosing of information (computer programs, etc.) other than permissible information
⑤ Intellectual property right infringement on copyrights of Site or a third party
⑥ Conduct that may defame integrity of Site or a third party or that may disrupt business of Site or a third party
⑦ Make public or disclose information such as image, sound that is obscene or violent, or otherwise against the public order and standards of decency.
Article 21 (Relationship between Site and Connected Site)
1. If an internet website or web contents offered by a third party is guided by Site’s service or connected to Site’s service via hyperlinking, such site or contents is referred as “Connected Service.”
2. Site shall not be held responsible for any issues that may arise from User’s use of the goods and services which the Connected Service independently offers.
Article 22 (Copyright and Restriction of its Use)
1. Copyrights and other intellectual property rights for works that Site creates belong to Site.
2. User may not use information obtained from using Site, the intellectual property rights of which belong to Site, for commercial purpose in a manner such as copying, transmitting, publishing, distributing, or broadcasting, or let a third party to use, without obtaining prior written consent from Site.
Article 23 (Conflict Resolution)
1. Site shall establish and operate Customer Service Center to reflect reasonable opinions and complaints User brings forward and to handle any issues relating to liabilities.
2. Site shall preferentially resolve any complains and opinions User brings forward. If, however, swift resolution is impossible, Site shall promptly notify User of the reason and the timeline for the resolution.
3. If User requests for injury relief in E-commerce dispute between Site and User, the dispute may be subject to resolution by the Fair Trade Commission or a conflict resolution institution that local government heads solicit.
Article 24 (Forum and Governing Law)
1. Litigations which arise from E-commerce conflicts between Site and User shall be based in the domicile of User at the time the action was instituted, and, if there is no such domicile, then the district court with jurisdiction over User’s permanent address shall have the exclusive jurisdiction. If, however, at the time the action is instituted, User’s present or permanent address is unclear or if User is domiciled overseas, then the action shall be instituted in the jurisdictional court in accordance with the Civil Procedure Act.
2. Litigations which arise from service related conflicts between Site and User shall be governed by in accordance with the laws of the Republic of Korea.
[RU1]위에 이미 있는 “7일이내 철회..”문구가 반복되서 중복없이 수정되면 더 간결해질 듯. (오류는 아님)