ARTICLE 1 (Purpose)
The purpose of these Terms & Conditions is to set out rights and obligations and other responsible matters between the member and the online store when using the Internet related services(hereinafter referred to as “Service”) provided by boxobliss.com (hereinafter referred to as “Site”), operated by Box o’ Bliss Inc. (e-commerce business).
※「This agreement shall be applied to electronic commerce transaction using PC and wireless.
ARTICLE 2 (Definition)
① The Site refers to a virtual place of business created by Both Companies by using information and communication facilities to provide the user with goods or services (hereinafter referred to as “Goods”) for trade and also refers to the business that operates the cyber-mall.
② “User” refers to a member that accesses the Site and uses the service provided by the Site in accordance with these Terms.
③ “Member” refers to any person that is registered with the Site as a member and entitled to continuously use the Services provided by the Site.
ARTICLE 3 (Statement, Explanation, and Amendments of Terms and Condition)
① the Site shall, for easier recognition by Users, display the contents of this Terms & Conditions, name of company and representative, address of the business place (including the address of the location where customer complaints are accepted), telephone number, e-mail address, business registration number, e-commerce permit number, staff responsible for personal information management, etc. on the initial service page (front page) of the Site; provided that the details of these Terms & Conditions may be made available to the User through a link.
② Prior to the User’s agreement of these Terms, the Site shall obtain User’s confirmation of material terms, including those related cancellation of purchase, liability for shipping, refunds, etc., by providing separate links or pop-up window before the User agrees to this Terms & Conditions for better understanding.
③ The Site may amend these Terms & Conditions to the extent that the amended Terms do not violate 「Act on the Consumer Protection in Electronic Commerce, etc.」, 「Act on the Regulation of Terms and Conditions」, 「Framework Act on Electronic Documents and Transactions」, 「Digital Signature Act」, 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」, 「Act on Door-to-Door Sales, etc.」, 「Framework Act on Consumers」 and other applicable laws and regulations.
④ Despite that the Site gives its Member a clear, separate announcement or notice on the amended Terms & Conditions that the Member will be deemed to have expressed one’s intent if one fails to express refusal within certain period of time, if the Member fails to explicitly express refusal to the amendment, the Member shall be deemed to have consented to the amended Terms & Conditions. Also, the Site may not apply amended Terms & Conditions where a Member does not consent thereto, and in such case, the Member may terminate his/her membership agreement. However, where any special circumstances prevent application of existing Terms & Conditions, the Site is able to terminate the membership agreement on its own..
⑤ Despite that the Site gives its Member a clear, separate announcement or notice on the amended Terms & Conditions that the Member will be deemed to have expressed one’s intent if one fails to express refusal within certain period of time, if the Member fails to explicitly express refusal to the amendment, the Member shall be deemed to have consented to the amended Terms & Conditions. Also, the Site may not apply amended Terms & Conditions where a Member does not consent thereto, and in such case, the Member may terminate his/her membership agreement. However, where any special circumstances prevent application of existing Terms & Conditions, the Site is able to terminate the membership agreement on its own.
⑥ In case of amendments of the Terms & Conditions, it is applied only to the contracts signed after the effective date, and for the contracts signed already before the amendment, the existing Terms & Conditions is applied. However, when the User who already concluded a sales contract hopes to get the amended Terms & Conditions applied by transmitting its will to the Site and gets permission within the notice period according to the Clause 4, the amended provisions of these Terms & Conditions will apply.
⑦ Any matters not contained herein or the interpretation hereof shall be determined in accordance with the Act on the Consumer Protection in the Electronic Commerce Transactions, etc., the Regulation of Standardized Contracts Act, the Guideline on Consumer Protection in Electronic Commerce Transactions, etc. set by the Fair Trade Commission, and other applicable laws and regulations or the generally accepted principles of commercial customs and practices.
ARTICLE 4 (Provision of Service and Change Therein)
① The Site shall provide the following Services:
To provide the information on Goods or Services and execute a purchase agreement;
To deliver Goods or Services under a purchase agreement; or
To provide such other Services as determined by the Site
② The Site may change any Goods or Services to be provided under an agreement to be executed if such Goods or Services are sold out or affected by any change in technical specifications or otherwise. In such case, the Site shall immediately notify the details of such change and the proposed date of provision on the same place where the details of the existing Goods or Services are posted.
③ If the Site changes any Service that is to be provided under an agreement with the User due to certain causes, including absence of stock and change in technical specifications of the Goods, the Site shall immediately give notice of such cause to the User at a reachable address.
④ If such change is made in accordance with Paragraph 3 of this Article, the Site shall indemnify the User for any damage caused thereby, unless the Site proves the absence of intentional act or negligence on its side.
ARTICLE 5 (Suspension of Service)
① The Site may temporarily suspend the provision of Services upon occurrence of certain events, including maintenance check, replacement or failure of computer, TV, Mobiles, or information technology facilities or interruption of communication.
② The Site shall indemnify the User or a third party for any damage suffered due to the temporary suspension of the provision of Services as provided in accordance with Paragraph 1 of this Article, unless the Site proves the absence of intentional act or negligence on its side.
③ If the Site cannot provide Services due to change of business mode, abandonment of business, or consolidation of businesses or other causes, the Site shall inform the User as provided in accordance with Article 8 and compensate the User in accordance with the terms initially offered by the Site; provided that if the Site has failed to notify the compensation terms, the Site shall pay the User mileage or reward points, etc. in cash or of kind equal to the value of currency used at the Site.
ARTICLE 6 (Membership Registration)
① The User may register by entering his/her information in the form prepared by the Site and then consenting to this Terms and Conditions.
② The Site shall register the User that files the application in accordance with Paragraph 1 of this Article as Member unless:
1. the User has been previously disqualified as Member under Article 7.3 hereof, except as the Site accepts the re-subscription upon the lapse of three (3) years after the disqualification as Member under Article 7.3 hereof;
2. there exists falsity, omission or clerical error in the registered information;
3. the registration as Member is otherwise deemed to significantly impair the technology of the Site; or
③ The subscription for membership shall be made when the Site’s acceptance is delivered to the User.
④ If there are any changes in the information registered, Members shall make the changes within a considerable period of time and notify the Site according to the method prescribed.
ARTICLE 7 (Membership Withdrawal and Disqualification)
① The Member may at any time apply for withdrawal from the membership program, and upon receipt of such application, the Site shall immediately take actions necessary for the withdrawal.
② The Site shall be entitled to limit the Members’ use of certain Services or disqualify the Member for a certain period of time if the Member:
1. has registered false information upon application for subscription;
2. has failed to pay, when due, the payment for Goods purchased through the Site or other obligations assumed by it in connection with the use of the Site;
3. interferes with the use of the Site by a third party or appropriates its information, or otherwise threatens electronic commerce transactions;
4. uses the Site to engage in any act prohibited by law or these Terms or in violation of good public order and morals;
6. posts immoral contents or establish links to immoral sites on the the Site screen; or
7. otherwise intentionally interferes with the operation of Services or normal business activities of the Site.
? A. If abusive, threatening, or obscene language is used during usage of the Site
? B. If duties are interfered due to habitual or repetitive cancellations and returns without proper reasons after purchasing Goods through the Site.
③ The Site shall be entitled to disqualify the Member if any of acts set forth in Paragraph 2 of this Article has recurred twice or more or such act has failed to be cured within thirty (30) days following the limitation or suspension of qualification.
④ If the Site disqualifies a Member, the Site shall cancel the registration of the Member. In such case, the Member shall be given notice of cancellation and an opportunity to vindicate himself or herself for a period of time of at least thirty (30) days prior to the cancellation.
ARTICLE 8 (Notice to Member)
① Any notice given by the Site to the Member may be delivered by e-mail, if so agreed by the Member, to the e-mail address previously designated by the Site.
② Any notice given by the Site to many and unspecified Members may not be separately delivered and may be replaced by notice posted on the the Site board for one (1) week or more; provided that any notice that may have material impact on a particular Member’s transaction shall be separately given.
ARTICLE 9 (Application of Purchase)
① A User shall file an application for purchase in the following or similar manner at the Site, and the Site shall provide the following in an easy-to-understand manner to help the User file the application;
search and selection of Goods;
entry of full name, address, telephone number, e-mail address (or mobile phone number), etc.;
confirmation of the Terms & Conditions hereof and terms related to any Services subject to limited right to withdraw from the subscription and the responsibility for costs, including shipping and installation costs;
expression of agreement (by, for example, clicking the given box) to these Terms or confirmation or refusal of the terms described in Paragraph 3 of this Article;
filing of an application for purchase of Goods or confirmation thereof, or agreement to confirmation by the Site
selection of payment method
other procedures separately set by the Site
② In case the Site needs to provide the buyer’s personal information to a third party, the Site shall notify the buyer of 1) who is provided with the information 2) the usage and purpose of the information 3) items of the information provided 4) duration of retention and use of the information, and receive his or her agreement. (Any changes of contents in the agreement requires the same procedure.)
ARTICLE 10 (Formation of Agreement)
① The Site may not accept the application for purchase filed in accordance with Article 9, if the application falls under any of the following; provided that the Site shall notify that any agreement executed with a minor without consent from its legal representative may be cancelled by the minor and its legal representative:
1. If there exists falsity, omission or clerical error in the application;
2. If the minor purchases cigarette, liquor or other Goods or Services prohibited by the Juvenile Protection Act;
3. If the acceptance of the application is deemed to significantly impair the technology of the Site;
② The agreement shall be deemed to be duly formed when the Site’s acceptance is delivered to the User in the form of notice, return receipt requested, in accordance with Article 12.1 hereof.
③ The Site’s expression of acceptance shall include the confirmation of the User’s application for purchase, the availability of Goods or Service to be purchased, the information on correction or cancellation of the application, etc.
ARTICLE 11 (Payment Method)
The allotted payment methods that can be used to purchase Goods on the Site are listed below. However, the Site cannot accept any payments where there are additional fees that will be charged for the use of payment method.
Card payments such as prepaid card, debit card, credit card, etc.
Other electronic payment means, etc.
ARTICLE 12 (Return Receipt Requested Notice; Modification of Cancellation of Application for Purchase)
① Upon receipt of an application for purchase from the User, the Site shall give the User return receipt requested notice.
② Upon receipt of return receipt requested notice, the User may immediately request modification or cancellation of the application if there exists any discrepancy of communications, and the Site shall without delay handle the request if the request is made prior to the delivery. However, if payments are already made, procedures abide by regulations on Article 15 Cancellation of Purchase.
ARTICLE 13 (Supply of Goods)
① Unless otherwise stipulated with User herein in respect of the schedule for the supply of Goods, the Site shall take necessary measures to deliver the Goods within 7 days from the date of purchase such as customizing process, packaging, etc. Notwithstanding the foregoing, if the Site has received whole or partial payment for the Goods, measures shall be taken within 3 business days from the date of receipt of the payment. However, this shall not activate when separate stipulation with User herein in respect of the schedule for the supply of Goods is stated. At that time, the Site shall take necessary measures to allow the User to check the supply procedure and progress of the goods.
② The Site shall specify, for the goods purchased by a User, the delivery method, payer of delivery fees by method, delivery time by method, etc. If the Site exceeds the designated period of delivery, it shall compensate the User for damages, unless the Site proves the absence of intentional act or negligence on its side.
ARTICLE 14 (Refund)
The Site shall without delay inform the User of the unavailability of Goods of which the User applied for purchase due to absence of stock or other causes and take actions for refund of payment if payments are already made.
ARTICLE 15 (Cancellation of Purchase)
① The User who concluded the contract for the purchase of Goods with the Site may cancel the purchase within 7 days from the day receiving the Goods in accordance to Clause 2, Article 13 of 「Act on the Consumer Protection in Electronic Commerce, etc.」. If the User receives the Goods later than the date of notice, the day supplied or the starting date of delivery; provided that if matters regarding withdrawal of purchase are otherwise stipulated in 「Act on the Consumer Protection in Electronic Commerce, etc.」, that same law shall apply.
② The User may not return or exchange Goods which he or she received through delivery in the event that;
1. If the Goods delivered are lost or damaged due to customer’s mishandlings (If there is damage to the Goods while verifying the content through the packaging,
excluded if only the packing is damaged for verification purposes).
2. If the value of the Goods significantly decreases due to the User.
3. If the value of the Goods for resale is difficult to process due to a significant passage of time.
4. If the package has been undermined so that it cannot be resold and if the Goods may be reproduced to the Goods showing the same performance.
5. Other cases stated by the Presidential Decree with the purpose of securing transactions
③ The cancellation of purchase by User shall not be limited if, in the case of Item 2 or Item 4 of Clause 2, the Site did not specify the fact that the cancellation of purchase is limited for easier recognition by consumer or not take necessary measures, such as supplying of a sample.
④ Notwithstanding Clause 1 and Clause 2, the User may cancel his or her purchase of Goods within 3 months from the date of receipt of the Goods or within 30 days from the date on which he or she recognized or could recognize that the contents of Goods to differ from the advertisement or the provision of contract.
ARTICLE 16 (Effect of Cancellation of Purchase)
① The Site shall refund the payment of paid Goods within three (3) business days when the User has returned the Goods. If the Site delays the refund of User’s Goods, the delayed period shall be provided in accordance by applying designated delayed interest rate to Article 21(2) of 「Act on the Consumer Protection in Electronic Commerce, Etc.」.
② The Site shall request the cancellation or refrainment of payment to the business providing the purchasing methods, without delay, when purchase of Goods has been made by credit card or digital currencies, to refund User’s payment.
③ For cancellation of purchase, the burden of fee’s returning the delivered Goods falls onto the User. the Site do not fine compensation for damages or penalties for reasons such as cancelling purchase; provided that if the Goods content differs from indications/advertisements of the contracted content, therefore leading to cancellation of purchase, the return fee of Goods shall be paid by the Site
④ If reward points were provided from product purchase, reward points must be returned if one wishes to cancel the product order.
⑤ If the User has paid the delivery fee of the Goods, the Site shall definitely and easily comprehensibly notify who shall be burdened of the fees when cancellation of purchase occurs.
ARTICLE 17 (Operation of Reward Points System)
① Mileage or reward points can be collected by stated activities according to the operation policy of the Site.
② Mileage or reward points policy abides by the details defined in each Services.
③ Mileage or reward points will be discarded in case of:
1. membership withdrawal
2. the advent of standards on discard and usability conditions for each reward points provided
④ If excessive profits or malicious transactions occur from utilization of reward points, the Site may stop provision or recall the mileage or reward points.
ARTICLE 18 (Protection of Privacy)
① In collecting information from the User, the Site shall collect the information to the least extent as required for the performance of the purchase agreement.
② The Site does not collect the personal information that is necessary for purchase in advance when the Users sign up for the website. In the event that it is necessary for the verification of User before the purchase to fulfill a legal obligation, the Site may collect the specific minimum personal information.
③ In the event that the Site collects and uses a User’s personal information, it must obtain the consent from the User.
④ Personal information shall not be used for any other purpose. If a new purpose arises or personal information is provided to a third party, the purpose shall be notified to the User and the approval of the User shall be obtained when personal information is used or provided. Notwithstanding the foregoing, it shall not apply when separately stated in the related law.
⑤ If the Site is required to obtain the User’s consent in accordance with Article 2 and Article 3, the Site shall in advance specify, or inform the User of, the identity of the staff responsible for personal information management (department, name, telephone number and other contact information), the purposes of collection and use, matters related to the provision of information to a third party (recipients, purpose of provision, information to be provided, etc.) and other matters required to be informed under Article 22(2) of the「Act on Promotion, etc. of Utilization of Information System, etc.」, and the User may withdraw such consent at any time.
⑥ The User may at any time require the Site to make it accessible or correct the User’s personal information in the Site’s possession and the Site shall without delay take necessary actions. If the User requires correction of the information, the Site shall not use the relevant information until correction is made.
⑦ The Site shall designate a smallest number of the personnel to have access to the personal information for the protection purposes and be solely responsible for any damage suffered by the User due to loss, robbery, leakage, forgery, etc. of the personal information, including credit card and bank account.
⑧ The Site or any third parties having receiving the personal information from the Site shall without delay destroy the personal information when the purposes of collection or provision of the personal information are achieved.
⑨ The Site does not force collection and usage of private information in the tick box area upon signing up as a Member. Even if a Member does not agree to provide private information, the Site will clearly specify the limited Services, and will not decline or limit provision of Services such as signup.
ARTICLE 19 (Obligations of the Site)
① The Site shall not engage in any act prohibited by law or these Terms or in violation of good public order and morals and use its best efforts to provide Goods and Services in a continuous and stable manner as provided by these Terms.
② The Site shall have a security system in place to protect the personal information, including credit information, so that the User can use the Internet service in a safe manner.
③ The Site shall be responsible for the compensation to Users if it has caused damages to the Users by displaying or adding unjust or unreasonable advertisement for a certain product or Service in accordance with Article 3 of the「Act on Fair Indication and Advertisement」.
④ The Site shall not send any profit-making advertising e-mails against the User’s will.
ARTICLE 20 (Obligations for ID & Password of Members)
① The Member shall be responsible for the management of ID and password other than set forth in Article 18.
③ The Member shall immediately inform the Site of robbery, a third party’s use of his or her ID, or password discovered and follow the the Site’s instructions, if any.
ARTICLE 21 (Obligations of Users)
Users shall not:
register false information in filing an application or modification thereto;
appropriate another person’s information;
change the information posted on the Site;
communicate or post any information, including computer programs, other than determined by the Site;
infringe upon the the Site’s or a third party’s copyright or other intellectual property rights;
take any action to bring disgrace on or interrupt the operation of the Site or a third party; or
disclose or post immoral or violent messages, images, sounds or other information on the Site in violation of good public order and morals.
ARTICLE 22 (Relationship of Linking Website and Linked Website)
① If an upper-level website is connected to a lower-level website through a hyper link(including, for example, letters, pictures, moving images), the former is referred to as Linking Website and the latter is referred to as Linked Website.
② If a Linking Website declares on its initial screen or on a pop-up screen upon liking that it does not provide a guarantee for any transactions with the User in relation to those Goods independently provided by a Linked Website, the Linking Website shall assume no guarantee liability for such transactions.
ARTICLE 23 (Ownership and Usage Limitation of Copyrights)
① Copyrights and other intellectual property rights to any works produced by the Site shall be retained by the Site.
② The User shall not, without the Site’s prior consent, use or cause a third party to use for profit-making purposes the information obtained from the use of the Site the copyright to which is retained by the Site through reproduction, communication, publication, distribution, broadcasting or other means.
③ The Site shall inform the User of the use of copyrights agreed to be retained by the User.
ARTICLE 24 (Resolution Dispute)
① The Site shall have a Customer Service Center as a damage relief center in place to properly reflect legitimate comments or complaints filed by the User and compensate the resulting damage.
② The Site shall preferentially handle complaints or comments filed by the User; provided that if prompt handling is difficult, the Site shall immediately inform the User of the reasons for delay and the schedule for handling.
③ If the User files a petition for damage relief in relation to electronic commerce transactions between the Site and the User, the petition may be subject to mediation by such a dispute mediator as referred to by the Fair Trade Commission or the competent City or Do Government.
ARTICLE 25 (Jurisdiction and Governing Law)
① Any action in relation to a dispute arising from electronic commerce transactions between the Site and the User shall be brought to the district court having exclusive jurisdiction over the address, or if such address is not available, place of residence, of the User at the time of filing the action; provided that if the User’s address or place of residence is insufficient or the User resides overseas, the action shall be brought to the competent court under the Civil Procedure Act.
② Any action filed in relation to electronic commerce transactions between the Site and the User shall be governed by the laws of Korea.
Supplementary Provisions Article 1 (Effect of Terms & Conditions)
These Terms & Conditions shall be effective as of January 1, 2018.
② The Member shall not permit a third party to use his or her ID and password.