※ Unicellpharm
uses standard terms and conditions reviewed by the Fair Trade Commission.
Fair Trade Commission Standard Terms and Conditions No. 10023
Internet Cybermall Standard Terms of Use
Article 1 (Purpose)
The purpose of these Terms and Conditions is to prescribe the rights, obligations, and responsibilities of the Cyber Mall and the User regarding the use of Internet-related services (hereinafter referred to as the “Services”) provided by the Cyber Mall (hereinafter referred to as the “Mall”) operated by the Company (an e-commerce business operator).
※ “These Terms and Conditions shall also apply to e-commerce utilizing PC communication, wireless, etc., unless otherwise contrary to the nature thereof.”
Article 2 (Definitions)
- The term “Mall” refers to a virtual place of business established by a company using information and communication facilities, such as computers, to enable the trading of goods or services (hereinafter referred to as “Goods, etc.”) for the purpose of providing such goods or services to users; it is also used to refer to the business operator operating the cybermall.
- “User” refers to members and non-members who access the “Mall” and receive the services provided by the “Mall” in accordance with these Terms and Conditions.
- The term “Member” refers to a person who has registered as a member by providing personal information to the “Mall,” who continuously receives information from the “Mall,” and who can continuously use the services provided by the “Mall.”
- “Non-member” refers to a person who uses the services provided by the “Mall” without registering as a member.
Article 3 (Specification, Explanation, and Amendment of Terms, etc.)
- The “Mall” shall post the contents of these Terms and Conditions, the company name and representative’s name, the address of the business office (including the address where consumer complaints can be handled), telephone number, fax number, email address, business registration number, mail-order business registration number, and personal information manager, etc., on the initial service screen (front page) of the 00 Cyber Mall so that users can easily recognize them. However, the contents of the Terms and Conditions may be made available to users through a linked screen.
- Prior to the user agreeing to the terms and conditions, the Mall must obtain the user’s confirmation by providing a separate linked screen or pop-up screen, etc., so that the user can understand important contents stipulated in the terms and conditions, such as withdrawal of subscription, delivery responsibility, and refund conditions.
- The “Mall” may amend these Terms and Conditions to the extent that such amendment does not violate relevant laws, such as the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Transactions, the Electronic 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 Consumer Protection Act.
- In the event that the “Mall” amends these Terms and Conditions, it shall specify the effective date and the reasons for the amendment and post a notice on the initial screen of the Mall, along with the current Terms and Conditions, from 7 days prior to the effective date until the day before the effective date.
However, if the Terms and Conditions are changed in a manner unfavorable to the User, a prior notice shall be provided with a grace period of at least 30 days. In such cases, the “Mall” shall clearly compare the content prior to the amendment with the content after the amendment and display it in a manner that is easy for the User to understand. - If the “Mall” amends the Terms and Conditions, the amended Terms and Conditions shall apply only to contracts concluded after the effective date, and the provisions of the Terms and Conditions prior to the amendment shall continue to apply to contracts already concluded prior to that date. However, if a user who has already concluded a contract transmits their intent to be subject to the provisions of the amended Terms and Conditions to the “Mall” within the notice period for the amended Terms and Conditions pursuant to Paragraph 3 and obtains the consent of the “Mall,” the provisions of the amended Terms and Conditions shall apply.
- Matters not specified in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, etc., the Guidelines on the Consumer Protection in Electronic Commerce, etc. established by the Fair Trade Commission, and relevant laws or commercial practices.
Article 4 (Provision and Modification of Services)
- “Mall” performs the following tasks.
- Provision of information on goods or services and conclusion of purchase contracts
- Delivery of goods or services for which a purchase contract has been concluded
- Other tasks determined by the “Mall”
- The “Mall” may change the details of goods or services to be provided under future contracts in the event that goods or services are out of stock or technical specifications change. In such cases, the details of the changed goods or services and the date of provision shall be specified and immediately announced at the place where the current details of the goods or services are posted.
- If the “Mall” changes the contents of the service contracted to be provided to the user due to reasons such as goods being out of stock or changes in technical specifications, it shall immediately notify the user of the reason at an address where the user can be notified.
- In the case of the preceding paragraph, the “Mall” shall compensate for damages incurred by the user as a result thereof. However, this shall not apply if the “Mall” proves that it acted without intent or negligence.
Article 5 (Suspension of Service)
- The “Mall” may temporarily suspend the provision of services in the event of maintenance, inspection, replacement, or breakdown of information and communication facilities such as computers, or interruption of communication.
- “The Mall” shall compensate for damages incurred by a user or a third party due to the temporary suspension of the provision of the service for the reasons set forth in Paragraph 1. However, this shall not apply if “The Mall” proves that it was not at fault or negligent.
- In the event that the “Mall” becomes unable to provide services due to reasons such as a change in business type, abandonment of business, or merger between companies, the “Mall” shall notify the user in the manner prescribed in Article 8 and compensate the consumer according to the conditions originally presented by the “Mall.” However, if the “Mall” has not announced compensation standards, etc., it shall pay the user their mileage or e-Money, etc., in kind or cash equivalent to the value of the currency circulating within the “Mall.”
Article 6 (Membership Registration)
- The user applies for membership by filling in member information according to the registration form prescribed by the “Mall” and expressing their intent to agree to these Terms and Conditions.
- The “Mall” registers as members users who have applied to become members as per Paragraph 1, unless they fall under any of the following subparagraphs.
- If an applicant has previously lost their membership status pursuant to Article 7, Paragraph 3 of these Terms and Conditions, provided that such exception apply to a person who has passed 3 years since the loss of membership status pursuant to Article 7, Paragraph 3 and has obtained the “Mall’s” approval for re-registration.
- If there is false information, omission, or clerical error in the registration details
- In cases where it is determined that registering as an additional member would significantly impede the technical operation of the “Mall”
- The time of establishment of the membership agreement shall be the point in time when the “Mall’s” approval reaches the member.
- If there is any change to the registered information pursuant to Article 15, Paragraph 1, the Member must immediately notify the “Mall” of such change via email or other means.
Article 7 (Withdrawal of Membership and Loss of Eligibility, etc.)
- Members may request to withdraw from the “Mall” at any time, and the “Mall” will process the membership withdrawal immediately.
- If a member falls under any of the following grounds, the “Mall” may restrict or suspend membership.
- If false information is registered during the membership application
- If the member fails to pay on time the price of goods, etc. purchased using the “Mall,” or any other debts incurred in connection with the use of the “Mall”
- Cases where the order of e-commerce is threatened, such as by interfering with another person’s use of the “Mall” or misappropriating their information.
- If the “Mall” is used to engage in acts prohibited by laws or these Terms and Conditions, or acts contrary to public order and good morals
- If the same act is repeated two or more times or the cause is not corrected within 30 days after the “Mall” has restricted or suspended membership, the “Mall” may revoke membership.
- If the “Mall” revokes membership, it shall cancel the membership registration. In this case, the member shall be notified, and before the cancellation of membership registration, an opportunity to provide an explanation shall be granted by setting a period of at least 30 days.
Article 8 (Notice to Members)
- If the “Mall” provides notice to a member, it may do so via the email address designated by the member in advance through an agreement with the “Mall”.
- In the case of notifications to an unspecified number of members, the “Mall” may substitute individual notification by posting on the “Mall” bulletin board for at least one week. However, individual notification will be provided for matters that have a significant impact on the member’s own transactions.
Article 9 (Application for Purchase)
A user of the “Mall” applies for a purchase on the “Mall” by the following or similar methods, and the “Mall” shall provide each of the following details in an easy-to-understand manner when the user applies for a purchase. However, in the case of a member, the application of Subparagraphs 2 through 4 may be excluded.
- Search and selection of goods, etc.
- Input of name, address, phone number, email address (or mobile phone number), etc.
- Confirmation of terms and conditions, services for which the right of withdrawal is restricted, and details regarding cost burdens such as shipping and installation fees.
- Indication of agreement to these terms and conditions and confirmation or rejection of the matters in Item 3 above (e.g., mouse click)
- Application for purchase of goods, etc. and confirmation regarding therefrom or consent to confirmation by the “Mall”
- Select payment method
Article 10 (Formation of Contract)
- The “Mall” may refuse to accept a purchase application as stipulated in Article 9 if it falls under any of the following subparagraphs. However, when entering into a contract with a minor, the “Mall” must notify the minor or their legal representative that the contract may be canceled if the consent of the legal representative is not obtained.
- If there is false information, omission, or clerical error in the application
- When a minor purchases goods and services prohibited by the Youth Protection Act, such as tobacco and alcohol.
- Other cases where it is determined that accepting a purchase application would cause significant technical impediments to the “Mall”
- The contract is deemed to be established at the time when the “Mall’s” acceptance reaches the user in the form of a receipt acknowledgment notice under Article 12, Paragraph 1.
- The expression of acceptance by the “Mall” must include information regarding the confirmation of the user’s purchase application, availability of the sale, and correction or cancellation of the purchase application.
Article 11 (Method of Payment)
Payment for goods or services purchased at the “Mall” may be made using any of the available methods listed in the following subparagraphs. However, the “Mall” may not collect any additional fees under any pretext added to the price of the goods, etc., regarding the user’s payment method.
- Various account transfers such as phone banking, internet banking, and mail banking
- Various card payments such as prepaid cards, debit cards, and credit cards
- Online bank transfer
- Payment by electronic money
- Payment upon receipt
- Payment using points provided by the “Mall,” such as mileage
- Payment using gift certificates contracted with or recognized by the “Mall”
- Payment of funds by other electronic payment methods, etc.
Article 12 (Notice of Receipt, Change and Cancellation of Purchase Application)
- The “Mall” sends a receipt acknowledgment notice to the user when there is a purchase request from the user.
- A user who has received a receipt acknowledgment notice may request a change or cancellation of the purchase application immediately after receiving the notice if there is any discrepancy in the expression of intent, etc., and the “Mall” shall process such request without delay if the user’s request is made prior to delivery. However, if payment has already been made, the provisions regarding withdrawal of offer, etc. under Article 15 shall apply.
Article 13 (Supply of Goods, etc.)
- Unless there is a separate agreement between the “Mall” and the User regarding the timing of the supply of goods, etc., the “Mall” shall take necessary measures, such as custom manufacturing and packaging, to ensure that the goods, etc. are delivered within 7 days from the date the User places an order. However, if the “Mall” has already received all or part of the payment for the goods, etc., it shall take such measures within 2 business days from the date the payment was received. In this case, the “Mall” shall take appropriate measures to allow the User to check the supply procedures and progress of the goods, etc.
- The “Mall” specifies the delivery method, the party bearing the delivery costs for each method, and the delivery period for each method for goods purchased by the User. If the “Mall” exceeds the agreed delivery period, it shall compensate the User for damages resulting therefrom. However, this shall not apply if the “Mall” proves that it was not at fault or negligent.
Article 14 (Refund)
If the “Mall” is unable to deliver or provide the goods, etc. applied for purchase by the user due to reasons such as being out of stock, it shall notify the user of the reason without delay, and if payment for the goods, etc. has been received in advance, it shall refund the payment or take necessary measures for the refund within 2 business days from the date the payment was received.
Article 15 (Withdrawal of Subscription, etc.)
- A user who has entered into a contract with the “Mall” regarding the purchase of goods, etc. may withdraw the offer within 7 days from the date of receiving the notice of receipt.
- Users may not return or exchange goods, etc., if they fall under any of the following cases after receiving delivery.
- In the event that the goods, etc. are lost or damaged due to reasons attributable to the user (provided, however, that the subscription may be withdrawn if the packaging, etc. is damaged to check the contents of the goods, etc.)
- In cases where the value of goods, etc. has significantly decreased due to the user’s use or partial consumption
- In cases where the value of goods, etc. has significantly decreased over time to the point where resale is difficult
- In cases where the packaging of the original goods, etc. is damaged, in cases where the goods, etc. can be reproduced with the same performance.
- In the cases of Paragraph 2, Subparagraphs 2 through 4, if the “Mall” has not taken measures such as specifying in advance in a place easily known to the consumer that the right to withdraw the subscription, etc. is restricted, or providing a trial product, the user’s right to withdraw the subscription, etc. is not restricted.
- Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the goods, etc. differ from the contents of the display or advertisement or are performed differently from the contract contents, the user may withdraw the subscription, etc. within 3 months from the date of receiving the goods, etc., or within 30 days from the date the user became aware of or could have become aware of such fact.
Article 16 (Effect of Withdrawal of Subscription, etc.)
- If the “Mall” receives the goods, etc. back from the user, it shall refund the price of the goods, etc. already paid within 3 business days. In this case, if the “Mall” delays the refund of the goods, etc. to the user, it shall pay interest on the delay calculated by multiplying the delay period by the delay interest rate determined and notified by the Fair Trade Commission.
- In refunding the above payment, if the user has paid for the goods, etc. using a payment method such as a credit card or electronic money, the “Mall” shall request the business operator who provided said payment method to suspend or cancel the billing for the goods, etc. without delay.
- In the event of withdrawal of subscription, etc., the user shall bear the costs necessary for the return of the supplied goods, etc. The “Mall” shall not claim penalties or compensation for damages from the user on the grounds of withdrawal of subscription, etc. However, if the withdrawal of subscription, etc. is made because the contents of the goods, etc. differ from the display or advertisement or are performed differently from the contract terms, the “Mall” shall bear the costs necessary for the return of the goods, etc.
- If the user bore the shipping costs when receiving goods, etc., the “Mall” clearly indicates who bears the costs upon withdrawal of subscription so that the user can easily understand.
Article 17 (Protection of Personal Information)
- The “Mall” collects the minimum information necessary for the fulfillment of purchase contracts when collecting user information. The following items are mandatory, and other items are optional.
- name
- Resident Registration Number (for members) or Alien Registration Number
- address
- phone number
- Hope ID (for members)
- Password (for members)
- Email address (or mobile phone number)
- When the “Mall” collects personal information capable of identifying a user, it must obtain the consent of the user concerned.
- The provided personal information may not be used for purposes other than the intended purpose or provided to a third party without the consent of the user concerned, and the “Mall” bears all responsibility for this. However, the following cases are exceptions.
- In cases where the minimum user information necessary for delivery (name, address, phone number) is provided to the delivery company for delivery purposes
- In cases where it is necessary for statistical compilation, academic research, or market research, and provided in a form that cannot identify specific individuals
- When necessary for the settlement of payments arising from the transaction of goods, etc.
- When necessary for identity verification to prevent identity theft
- In cases where there are provisions in the law or unavoidable reasons required by law
- In cases where the “Mall” is required to obtain the user’s consent pursuant to Paragraphs 2 and 3, it must specify or notify in advance the matters stipulated in Article 22, Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., such as the identity of the personal information manager (affiliation, name, telephone number, and other contact information), the purpose of information collection and use, and matters regarding the provision of information to third parties (recipient, purpose of provision, and content of information to be provided), and the user may withdraw this consent at any time.
- Users may request access to and correction of errors in their personal information held by the “Mall” at any time, and the “Mall” shall be obligated to take necessary measures without delay. If a user requests the correction of an error, the “Mall” shall not use the relevant personal information until the error is corrected.
- The “Mall” limits the number of administrators to a minimum for the protection of personal information and assumes full responsibility for any damages incurred by users due to the loss, theft, leakage, or alteration of users’ personal information, including credit cards and bank accounts.
- The “Mall” or any third party that has received personal information from it shall destroy the relevant personal information without delay once the purpose of its collection or receipt has been achieved.
Article 18 (Duties of the “Mall”)
- The “Mall” shall not engage in acts prohibited by laws and regulations or these Terms and Conditions or acts contrary to public order and good morals, and shall do its best to continuously and stably provide goods and services in accordance with these Terms and Conditions.
- The “Mall” must be equipped with a security system to protect users’ personal information (including credit information) so that users can safely use internet services.
- “The Mall” shall be liable to compensate for any damages incurred by a user due to the Mall engaging in unfair labeling or advertising practices regarding goods or services as prescribed in Article 3 of the Act on Fair Labeling and Advertising.
- The “Mall” does not send commercial advertising emails that the user does not want.
Article 19 (Obligations regarding Member’s ID and Password)
- Except for the case under Article 17, the member is responsible for managing their ID and password.
- Members must not allow a third party to use their ID and password.
- If a member 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 any instructions provided by the “Mall.”
Article 20 (Obligations of Users)
Users must not engage in the following actions.
- Registration of false information upon application or change
- Theft of another person’s information
- Changes to information posted on the “Mall”
- Transmission or posting of information (computer programs, etc.) other than that specified by the “Mall”
- Infringement of intellectual property rights, such as copyrights, of “Mall” or other third parties
- Acts that damage the reputation of “Mall” or other third parties or interfere with their business
- The act of disclosing or posting obscene or violent messages, images, audio, or other information contrary to public order and good morals on the mall.
Article 21 (Relationship between Connecting “Mall” and Connected “Mall”)
- When an upper “mall” and a lower “mall” are connected via a hyperlink (e.g., the target of the hyperlink includes text, images, videos, etc.), the former is called the connecting “mall” (website) and the latter is called the connected “mall” (website).
- If the “Linking Mall” specifies on its initial screen or via a pop-up screen at the time of connection that it does not bear warranty liability for transactions conducted between a user and the “Linked Mall” regarding goods, etc., independently provided by the “Linked Mall,” it shall not bear warranty liability for such transactions.
Article 22 (Ownership of Copyright and Restrictions on Use)
- Copyright and other intellectual property rights for works created by “Mall” belong to “Mall”.
- Users shall not use for commercial purposes, or allow a third party to use, any information obtained through the use of the “Mall” for which the intellectual property rights belong to the “Mall” by means of reproduction, transmission, publication, distribution, broadcasting, or other methods without the prior consent of the “Mall”.
- If the “Mall” uses copyrights belonging to the user in accordance with the agreement, it must notify the relevant user.
Article 23 (Dispute Resolution)
- The “Mall” establishes and operates a damage compensation processing mechanism to reflect legitimate opinions or complaints raised by users and to process compensation for damages.
- The “Mall” prioritizes the processing of complaints and opinions submitted by users. However, if prompt processing is difficult, the user will be immediately notified of the reason and the processing schedule.
- In the event that a user files an application for damage relief in connection with an e-commerce dispute arising between the “Mall” and a user, the dispute may be subject to mediation by a dispute mediation agency commissioned by the Fair Trade Commission or the City/Provincial Governor.
Article 24 (Jurisdiction and Governing Law)
- Lawsuits regarding e-commerce disputes arising between the “Mall” and the user shall be under the exclusive jurisdiction of the district court having jurisdiction over the user’s address at the time of filing, or, if there is no address, the user’s residence. However, if the user’s address or residence is unclear at the time of filing or if the user is a resident of a foreign country, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
- Korean law applies to e-commerce lawsuits filed between the “Mall” and the user.
