Conditions of Use

CHAPTER 1. The Conditions of Use of the AHC website

 

• 1. Purpose

  The Conditions of Use (hereinafter referred to as “Conditions”) are to specify the rights, obligations and responsibilities of the AHC Mall (hereinafter referred to as “Mall”) and a user when the user uses the Internet-related services (hereinafter referred to as "Services") provided at the Mall which is operated by CARVERKOREA Co., Ltd. (an e-commerce operator, hereinafter referred to as “Company”).
  
  -The Conditions also will apply to e-commerce using communication through PC, mobile, wireless communication devices, etc., so long as the Conditions are not against the nature of such e-commerce.

• 2. Definitions

  1. 1. "Mall" means a virtual business place set up to enable the Company to trade goods and services (hereinafter referred to as “Goods, etc.” ) using information and communication facilities such as computers and mobile phones in order for the Company to provide users with Goods, etc. It is also used to refer to a business operator managing a cyber mall.
  2. 2. "User" means a member or a non-member who accesses the Mall and receives the Services provided by the Mall pursuant to the Conditions.
  3. 3. "Member" means a person who has registered as a member by providing personal information to the Mall; the person is continuously provided with the information of the Mall and can continue to use the Services supplied by the Mall.
  4. 4. "Non-member" means a person who does not join as the Member but uses the Services supplied by the Mall.
  5. 5. "Point" means cyber money granted to the User to buy specific Goods, etc. or for the purpose of promotion goods, etc.; the items related to granting or using the Point shall be pursuant to the Conditions or the operating policies of the Mall.
  6. 6. "Dormant member" means a person who has joined the Mall and registered as the Member but is automatically converted to dormant membership in the absence of a login record for one year.

 

• 3. Statement, Explanation and Amendment of the Conditions, etc.

  1. 1. The Mall shall publish on the first page of the Mall (front page) the contents of the Conditions, the name of the Company and the representative, the address of the business place (including the address where acomplaint from a consumer can be handled), the telephone number / the facsimile number / the e-mail address, the tax identification number, the mail-order business number, the personal information manager, etc. so that the User can easily find this information. However, the contents of the Conditions can be made available to the User through the connection screen.
  2. 2. The Mall shall seek the confirmation of the User by providing a separate connection screen or pop-up screen, etc. so that the User can understand important provisions such as withdrawal of an offer, responsibility of delivery, refund conditions, etc. among the provisions defined in the Conditions prior to giving consent to the Conditions.
  3. 3. The Mall reserves the right to amend the Conditions not to the extent that the contents are against the 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 Documents and Transactions, 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., or the Framework Act on Consumers.
  4. 4. If the Mall amends the Conditions, the effective date and reason for the amendment shall be specified and posted on the first page of the Mall together with the current Conditions from 7 days prior to the effective date to the day before the effective date. However, if any amendment has an adverse effect on the User, the Mall shall post the amendment at least 30 days or more in a private  grace period. In this case, the Mall clearly compares the contents before and after the amendment, and displays them for the User to understand.
  5. 5. If the Mall amends the Conditions, the amended Conditions shall apply only to the contracts to be entered into after the effective date of the amendment, and the provisions of the pre-amended Conditions shall apply to the contracts that have already been concluded before that date. However, if a User who has already entered into the contract transmits his or her intention to comply with the provision of the amended Conditions to the Mall within the above-mentioned notice period under Clause 4 and obtains the consent of the Mall, the amended Conditions will apply.
  6. 6. Any items not specified in the Conditions and the interpretation of the Conditions shall be subject to the Act on the Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, and the Guideline on the Consumer Protection in Electronic Commerce, etc. designated by the Fair Trade Commission and relevant legislations or commerce practices.

 

• 4. Supply and Change of the Services

  1. 1. The Mall performs duties as follows:
  2. (1) Supply of information on the Goods, etc. and execution of a purchase contract.
  3. (2) Delivery of the Goods, etc. under the executed purchase contract; .
     (3) Other works that the Mall decides.
  4. 2. The Mall reserves the right to change the contents of the Goods, etc. to be provided under a contract to be entered into in the future if goods or services are out of stock or technical specifications are changed. In this case, the Mall shall post immediately the contents and the applicable date of the changed Goods, etc. at the place where the contents of the current Goods are shown.
  5. 3. If the Mall changes the contents of the Services to be given under with the contract executed by the User due to the Goods, etc.’s being out of stock or change of technical specification, the Mall shall notify immediately the User of the reason to a practicable address.
  6. 4. In the previous Clause, the Mall will indemnify the User for the actual damage arising therefrom that is proved by the causal relationship. However, it shall not apply to the case which the Mall proves there is no intention or negligence.

 

• 5. Interruption of the Services

  1. 1. The Mall may suspend temporarily the provision of the Services in the event of maintenance, inspection, replacement or breakdown of information and communication facilities such as computers, or loss of communication, etc.
  2. 2. The Mall will indemnify the User or a third party for the damage arising from the temporary interruption of the Services due to the reasons of Clause 1. However, it shall not apply to the case in which the Mall proves there is no intention or negligence.
  3. 3. If the Services cannot be provided due to the conversion of the business item, the abandonment of the business, or the integration of the business, etc., the Mall will notify the User in the manner set forth in Article 8 and compensate to the Userpursuant to the conditions offered originally by the Mall. However, in the event that the Mall does not notice the compensation standard, etc., the Mall will pay to the User the accumulated money (the Points) in cash or in kind equivalent to the currency value available in the Mall.

 

• 6. Creating a New Account

  1. 1. The User signs up for a membership by expressing his or her intent to agree with the Conditions after filling in the member information in accordance with the format designated by the Mall.
  2. 2. The Mall accepts as the Member the User who applies for the membership according to Clause 1 and does not fall under any of the following:
     (1) If the applicant has previously lost his or her membership status pursuant to Clause 3 of Article 7 of the Conditions.
     (2) If there are any false, omitted, or wrong entries in the registration.
     (3) If it is judged that registering as the Member is significantly impeded by the technology of the Mall.
     (4) If the applicant is under 14 years old as of the join date.
     (5) If three months have not elapsed since the Member voluntarily withdrew from membership.
  3. 3. A membership contract will be effective when the approval of the Mall reaches the Member.
  4. 4. If there is any change in the registration information pursuant to Clause 1 of Article 17, the Member must inform immediately the Mall of the change by e-mail or other means.

 

• 7. Withdrawal of Membership and Loss of Qualification, etc.

  1. 1. The Member may request withdrawal from the Mall at any time, and the Mall immediately removes the membership.
  2. 2. The Mall reserves the right to restrict or suspend the membership if the Member falls under any of the following:
     (1) If the Member registers false information in signing up for a membership or changing information.
     (2) If the Member does not pay by the due date the price of the Goods, etc. purchased through the Mall or debts the Member has to bear in connection with the use of the Mall.
     (3) If the Member intentionally interferes with the operation of the Service.
     (4) If the Member uses in an abnormal way the Mall by using malfunction or error phenomenon, etc. of information communication facilities.
     (5) If the Member misuses personal information, user ID, or password of another person.
     (6) If the Member copies or distributes the information obtained from the Services information of the Company or uses it commercially without prior consent of the Company.
     (7) If the Member commits acts that violate other sound e-commerce orders.
     (8) If the Member conducts, by using the Mall, acts that are prohibited by law or the Conditions, or that are contrary to public order and good morals.
     (9) If the Member conducts, by using the Mall, acts that are prohibited by law or the Conditions, or that are contrary to public order and good morals.
     (10) If the Member harms the sound operation of the Mall or interferes with the operation of the Mall by any of the following acts.
     A. In the event that a groundless fact or false statement relating to the operation of the Mall is declared or disseminated, which injuriesthe Company’s honor or harms the Company’s reliability.
     B. In the event that the Member interferes with the operation of the Mall in the course of using the Mall by means of abusive language, intimidation, or obscene words and actions to employees.
     C. In the event that the Member disrupts the operation of the Mall by canceling or returning inveterately or repeatedly for no good reason after purchasing the Goods, etc. through the Mall.
     D. Even though there is no special defect in the goods or services purchased through the Mall, in the event that the Memberinterrupts the business of the Company by inveterate cancellation or return in whole or part after some use.
  3. 3. The Mall may terminate the membership if the same act is repeated twice or more after the Mall has restricted or suspended the membership, or if the reason is not corrected within thirty days.
  4. 4. The Mall may terminate the membership if the Member interferes with the trade order of the Mall, such as purchasing the Goods, etc. from the Mall for resale purposes.
  5. 5. If the Mall terminates the membership, it will cancel the registration. In this case, the Mall will notify the Member thereof and give the Member the opportunity to explain by setting at least thirty days prior to the cancellation of the registration

 

• 8. Notification to the Member

  1. 1. If the Mall gives notification to the Member, the Mall may do so to the e-mail address designated through prior agreement with the Member.
  2. 2. In case of notice to many and unspecified Members, individual notices can be replaced by posting on the Mall’s bulletin board for one week or more. However, individual notices will be given to matters that have a material effect on the Member's transactions.

 

• 9. Application for Purchase

  The User of the Mall applies for purchase on the Mall by the following or similar method, and the Mall shall provide in easy terms the following contents in the User's application for the purchase. However, if the User is the Member, the items from the second to fourth may be excluded.
  1. 1. Searching and choosing the Goods, etc.
  2. 2. Entering name, address, phone number, e-mail address (or mobile phone number) and other information.
  3. 3. Confirmation to the contents of the Services limiting the right to withdraw offers, or the contents of the cost-bearing such as the shipping fee and the installation cost.
  4. 4. Agreement to the provisions (full text) of the Conditions and then expression of confirmation or refusal to the items of Paragraph 3 above (such as through a mouse click.)
  5. 5. Application for purchase of the Goods, etc. and confirmation to it or consent to the acknowledgement of the Mall.
  6. 6. Choosing a payment method.

 

• 10. Formation of Contracts

  1. 1. The Mall may not accept the application for the purchase pursuant to Article 9 that falls under any of the following. However, in the case of a contract with a minor, the Mall shall give notice that the minor or the legal representative may cancel the contract if the consent of the legal representative is not obtained.
     (1) If there are any false, omitted, or wrong entries in the application.
     (2) If the minor purchases the Goods, etc. prohibited by the Juvenile Protection Act, such as tobacco and alcohol;
     (3) If it is judged that accepting the application for the purchase is significantly impeded by the technology of the Mall.
     (4) If the purchasing customer is identified as a Member whose membership is restricted, suspended, or lost pursuant to Article 7.
  2. 2. The contract is construed as being established when the consent of the Mall reaches the User in the form of the acknowledgment notice of Clause 1 of Article 12.
  3. 3. The statement of acceptance of the Mall shall include information, etc.such as the confirmation to the purchase order of the User and the availability, and the correction and cancellation, etc. of the purchase order.
  4. 4. If the Mall finds the reason for any item of Clause 1 after the contract is established, the Mall may cancel immediately the contract. If the contract is canceled, the price paid by the customer will be refunded immediately.

 

• 11. Payment Method

  1. 1.The User may pay for goods or services purchased from the Mall by any of the following methods. However, the Mall cannot collect additionally any fee under any pretext to the price of the Goods, etc. from the payment method of the User.
     (1) Various kinds of account transfers such as phone banking, Internet banking, mail banking;
     (2) Various kinds of card payment such as prepaid cards, debit cards, credit cards;
     (3) Making a deposit without a bankbook on the Internet;
     (4) Payment by electronic money;
     (5) Cash on delivery;
     (6) Payment by the Points given by the Mall such as accumulated money;
     (7) Payment by gift cardspursuant to the contract signed with the Mall or recognized by the Mall;
     (8) Payment by other electronic payment methods, etc.

 

• 12. Acknowledgement Notice, Change and Cancellation of Application for Purchase

  1. 1.If the Mall receives a purchase order from the User, the Mall will give an acknowledgement.
  2. 2.If the User receives the acknowledgment notice and finds there is any inconsistency of the intention, etc., the User may request the change or cancellation of the purchase order. If the Mall receives such request prior to delivery, the Mall shall follow without the delay the request. However, if payment has already been made, it shall be subject to the provisions of Article 15 Right of Withdrawal, etc.

 

• 13. Supply of the Goods, etc.

  1. 1.The Mall takes other necessary measures such as order production, packing, and others so that the Goods, etc. can be shipped within seven days from the date of the offer, unless there is no separate agreement about the supply period of the Goods, etc. with the User. However, if the Mall has already received all or part of the payment of the Goods, etc., it shall take action within three working days from the receipt of all or part of the payment. At this time, the Mall acts properly to ensure that the User can check the supply procedures and progress of the Goods, etc.
  2. 2.The Mall specifies the shipping means, the payer of the shipping cost by means, the shipping period by means and others for the Goods, etc. purchased by the User. If the Mall exceeds the contracted shipping period, the Mall shall compensate for the damage caused by the User. However, it shall not apply to the case which the Mall proves there is no intention or negligence.
  3. 3.If there is a separate agreement between the Mall and the User regarding when the goods are delivered and when the services are to be provided, the agreement will control.

 

• 14. Refund

  The Mall shall notify the User of the reason without the delay when the Goods, etc. purchased by the User cannot be delivered or supplied since the Goods, etc. are not in stock.If the price of the Goods, etc. is prepaid, the Mall shall refund the price or take a measure required for the refund within three working days from the receipt of the price.
   

• 15. Right of Withdrawal, etc.

  1. 1.The User entered into a purchase contract of the Goods, etc. with the Mall may withdraw an offer within seven days upon receiving the acknowledgement notice under Clause 1 of Article 12. However, if the Mall notifies in advance the User of a different period required to withdraw an offer, the User may withdraw the offer within the period notified.
  2. 2.The User cannot return and replace Goods, etc. delivered if they fall under any of the following:
     (1) If the Goods, etc. are lost or damaged due to the User's responsibility;
       (However, the User may withdraw the offer if he or she has damaged the packaging, etc. only to check the contents of the Goods, etc.).
     (2) If the value of the Goods etc. has decreased significantly due to the use or consumption of the part by the User;
     (3) If the value of the Goods etc. has, by lapse of time, decreased significantly enough to make them difficult to be resold;
     (4) When it is possible to make copies of the Goods, etc. with the same function, if the User damaged the packaging of the original Goods, etc.;
     (5) If the Mall notifies in advance of restrictions on withdrawal of the offer for certain Goods, etc.
  3. 3.In the cases of Paragraphs 2 through 4 of Clause 2, the User's right to withdraw and others are not limited unless the Mall specifies at the place that customers can easily find out in advance the fact that the withdrawal of the offer is restricted or if the Mall has not taken measures such as providing trial goods.
  4. 4.Notwithstanding the provisions of Clauses 1 and 2, when the contents of the Goods, etc. are different from those of the label or advertisement or are provided unlike the contents of the contract, the User may withdraw the offer within three months from the date of receiving the Goods, etc. or thirty days from the date when he or she knew or could know the fact.

 

• 16. Effect of the Withdrawal of an Offer, etc.  

  1. 1.The Mall refunds the price of the Goods, etc. pre-paid within three working days if the Goods, etc. are returned from the User. In this case, when the Mall delays to refund the price of the Goods, etc. to the User, the Mall will pay the delayed interest, which is calculated by multiplying the delayed interest rate determined and announced by the Fair Trade Commission for the delayed period.
  2. 2.Regarding the refund of the price above, when the User has paid the price of the Goods, etc. by payment means such as credit card or electronic money, the Mall will without the delay request the business operator providing such payment means to suspend or cancel the demand of such price.
  3. 3.In case of withdrawal of an offer, the User will bear the cost required for returning the Goods, etc.delivered. The Mall will not charge the User for cancellation fee or damages for the reasons such as withdrawal of the offer and others. However, if the User withdraws the offer because the contents of the Goods, etc. are different from those of the label or advertisement or are provided unlike the contents of the contract, the Mall will bear the cost necessary for returning the Goods, etc.
  4. 4.If the User has paid the shipping cost to receive the Goods, etc., the Mall clearly indicates to the User who will be responsible for the returning cost when the User withdraws the offer.

 

• 17.Processing Guideline of Personal Information

  1. 1.The Mall collects the minimum information required for the performance of the purchase contract and the supply of additional services upon collecting the information of the User. The following are mandatory and others are optional.
     (1) Name;
     (2) Connecting Information (CI) provided by the identity verification institution
     (3) Billing address (as well as a shipping address if different than billing address)
     (4) Telephone number
     (5) Preferred ID (in case of the Member)
     (6) Password (in case of the Member)
     (7) Information necessary for payment
     (8) E-mail address (or mobile phone number)
     (9)Date of birth
     (10)Sex
  2. 2.When the Mall collects personal information that can be used to identify the User, the Mall shall obtain the consent from such User
  3. 3.The personal information provided shall not be used for anything other than the Purpose or disclosed to a third party without the consent of the User; all responsibility over this lies with the Mall. However, any of the following will be an exception:
     (1) If the minimum information (name, address, phone number) of the User required for delivery is disclosed to a delivery company;
     (2) If it is necessary for statistical writing, academic research, or market research, and if it is provided in an unidentifiable form for a specific individual;
     (3) If it is necessary for the settlement of the payment from the transactions of the Goods, etc.;
     (4) If is necessary to verify the User’s identity to prevent theft;
     (5) If there is an unavoidable reason required by laws or regulations.
  4. 4.If the Mall requires the consent of the User pursuant to Clauses 2 and 3, the Mall shall in advance state or notify of the following items specified at Clause 1 of Article 22 under the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.: the identity of the person in charge of personal information management (affiliation, name and telephone number, other contact info.), the purpose of collecting and using the information, the items relevant to provision of the information to a third party (the contents of the information recipient, the purpose of provision, and the information to be provided) and others. The User may withdraw consent at any time.
  5. 5.The User may request to read and correct his or her personal information kept by the Mall at any time, and the Mall is obliged to take necessary action without the delay. If the User requests correction of the error, the Mall will not use such personal information until correcting the error.
  6. 6.The Mall shall limit the number of administrators for the protection of personal information, and shall be liable for damages of the User due to loss, theft, leakage, alteration, etc.incurred bythe User's personal information including credit card and bank account.
  7. 7.When the Mall or the third party receiving personal information from the Mall has achieved the purpose of collecting or receiving the personal information, they will destroy the personal information without delay. Other contents related to the handling of personal information, etc., will be described in details on the first page (front page) of the Mall as the "Privacy Notice" and a separate consent different from the Conditions is required.

 

• 18. Obligations of the Mall

  1. 1.The Mall shall not do things that are prohibited by the laws and the Conditions or are against public order and good morals, and shall make their best efforts to supply goods and services in a continuous and stable way pursuant to the Conditions.
  2. 2.The Mall shall equip the security system for protecting the personal information of the User (including credit information) so that the User can use safely the Internet services.
  3. 3.The Mall shall be liable for compensating the damages incurred to the User arising from the Mall’s unfair labeling or advertising for goods or services, which is set forth in Article 3 under the Acton Fair Labeling and Advertising.
  4. 4.The Mall will not send promotional emails for commercial purposes that the User does not want.

 

• 19. Member’s Obligations to ID and Password

  1. 1.Except for Article 17, managing the ID and password lies on the Member.
  2. 2.The Member shall not cause a third party to use his or her ID and password.
  3. 3.If the Member recognizes that his or her ID and password is stolen or used by a third party, the Member shall notify immediately the Mall thereof and, if any, comply with the guide from the Mall.

 

• 20. Obligations of the Users

  The User shall not do the following:
  1. 1.Registration of false information when applying or changing information;
  2. 2.Stealing information of others;
  3. 3.Change of information posted on the Mall;
  4. 4.Sending or posting information (computer programs, etc.) other than information set by the Mall;
  5. 5.Infringement of intellectual property rights such as the copyright of the Mall or a third party;
  6. 6. Acts that impair the honor of the Mall or a third party or disrupt their business;
  7. 7.Disclosing or posting to the Mall pornography or violent messages, images, voices, or other information that is against public order and good morals.

 

• 21.Relationship between the Connecting Mall and the Connected Mall

  1. 1.When the upper Mall and the lower Mall are connected by a hyperlink or similar methods (for example, the object of hyperlink includes characters, pictures, or moving images), the former Mall is called a connecting Mall (website) and the latter one is called a connected Mall (website).
  2. 2.If the connecting Mall indicates on the first page of the connecting Mall or on the pop-up screen at the point of connection that the connecting Mall will not bear the responsibility for warranty of the transactions with the User that is made for the goods, etc. on the connected Mall’s own account, the connecting Mall will not be responsible for warranty claims.

 

• 22.Points System, etc

  1. 1.For the Points collected and used by customers, the Mall may operate the Points system in accordance with the Mall’s policies.
  2. 2.If the Mall operates the Points system, the Mall will notify in advance of the items required for the operation the Points system such as accumulation, use, disappearance, and deduction of the Points through the Mall, and the Points system is operated accordingly.
  3. 3. The Mall may change the Points system if it is deemed necessary to do sodue to a change of management environment or achange of the business policy. In this case, however, the change shall be made according as the change of the Conditions under Article 3.

 

• 23.Ownership and Use Limitation of Copyrights

  1. 1.The copyrights and other intellectual property rights to the work created by the Mall belong to the Mall.
  2. 2.The User shall not use for commercial purposes the information acquired through the Mall that belongs to the Mall by copying, transmitting, publishing, distributing, broadcasting or other means, or cause a third party to use such information without the prior consent of the Mall.
  3. 3.The Mall shall notify the User of the use of the copyrights belonging to such User in accordance with an (individual) agreement.

 

• 24. Resolution of Disputes

  1. 1.The Mall establishes and operates a damage compensation processing organization in order to reflect the good comments and complaints posed by the User and to compensate the damage.
  2. 2.The Mall will preferentially handle complaints and comments submitted by User. However, if it is difficult to process promptly, the User will be notified immediately of the reason and the processing schedule.
  3. 3.In the case of an e-commerce dispute arising between the Mall and the User, if the User has an application for damages compensation, the dispute may be subject to arbitration of a dispute arbitration organization requested by the Fair Trade Commission or the city or provincial governor.

 

• 25.Jurisdiction and Governing Law

  1. 1.The lawsuit concerning disputes of electronic commerce between the Mall and the User shall be subject to the exclusive jurisdiction of the district court governing the address of the User at the time of filing and, if there is no address, subject to the exclusive jurisdiction of the district court governing the residence. However, if the address or residence of the User at the time of filing is not clear, or if the User is a foreign resident, the lawsuit should be submitted to the competent court under the Civil Procedure Act.
  2. 2.The Korean laws apply to any e-commerce-related lawsuit brought by the Mall and the User.

 

• 26.Conversion to Dormant Member and Expiration of Accumulated Money

  1. 1.The Mall automatically removes the accumulated money and coupons of a Member who becomes a Dormant Member after there has been no login record for one year.
  2. 2.Mall will give individual notice to the specified e-mall address about the conversion of the Dormant Member and the expiration of the accumulated money; the expired accumulated money cannot be restored.

 

Addenda

The Conditions shall become effective as of January 8, 2018 and the previous Conditions shall be replaced by the Conditions.