Standard Terms and Conditions of Overseas Purchase

(for Shopping Mall-typed Buying Agency Service)

Standard and Terms and Conditions No. 10076 of KFTC

[Enacted on 2016.10.14]

Article 1 (Purpose)These terms and conditions seek to define the rights, duties and responsibilities of the business operator and the users concerning the shopping mall-typed buying agency services (hereinafter, “services”) provided by the XX company (hereinafter, “the company”.)

Article 2 (Definition)The terms used in these terms and conditions shall be defined as follows:

①     Mall shall mean a virtual store setting up to trade goods, etc., using ICT facilities and networks in order for the company to offer its goods or services (hereinafter, “goods, etc.”) to its users. It also shall mean the company that operates the said mall.

②     Users shall refer to members or non-members provided with the services offered by the company based on these terms and conditions when they access the mall.

③     Overseas business operator shall pertain to the business entity which has a non-Korean nationality or has business registration, corporate entity, operation network, host server, etc., in countries other than Korea.

④     Shopping mall-typed buying agency service shall mean the service that the company, through its mall, provides information to the user about buyable goods, etc. abroad, imports, on behalf of him/her, the subscribed goods, etc., and sells the subject goods, etc. to the user. Note, the subject goods, etc., in this case shall be restricted to the user’s self-consumption.

⑤     Inspection shall mean the service performed by the company, based on its own standards, in order to check omission, defects, damages, etc., in the goods, etc., subscribed by the user.

Article 3 (Provision of services)The company may perform the following businesses:

①     Providing information concerning goods or services;

②     Executing agency works for imports and customs clearance;

③     Executing agency works for international return shipping; and

④     Executing other works directed by the company

Article 4 (Limitation of service use)

①     The company may refuse the user’s subscription request in any of the following cases:

1.       If the subscription details include fraudulent information, omission of, or mistaken information;

2.       If its acceptance of the subscription is deemed by the company to cause significant technical impediment to the company; and

3.       If the company views the user commits illegal acts or uses the service for unjustifiable purposes.

②     In case it refuses the user’s subscription request pursuant to Paragraph 1, the company shall notify him/her of the reason and logical ground for the refusal.

Article 5 (Composition of price of goods)

①     The sales price of goods, etc. presented by the mall shall include [purchase price of the subject from overseas business operator, shipping charges from overseas business operator to the company’s overseas warehouse facilities, local taxes and fees in connection with overseas buying contract, fares for the overseas warehouse facilities, international/domestic shipping charges and customs duties, import surtaxes, other taxes, etc.

②     Pursuant to Paragraph 1, the company shall notify the user of the composition of the sales price of the subscribed goods, etc., before the user makes the payment.

③     The sales price of the goods, etc., may change due to overseas business operator’s special promotion, foreign exchange fluctuation, etc. If it is unable to supply the subscribed goods as a result of such changes, the company shall notify the user of the reason and refund the paymentalready made by him/her within three business days.

Article 6 (Constitution of contract)

①     The company shall notify the user of its receipt of his/her subscription request when the user subscribes to purchase certain goods or services. The acceptance confirmation by the company shall include information concerning contents of the order, amount, shipping address, changes or cancellation in the subscription (if any), etc.

②     The contract shall be deemed to have been concludedat the time the user is notified of the company’s acceptance confirmation.

③     The user may request for a change to or withdrawal of his/her purchase subscription immediately upon the receipt of the notice from the company if he/she finds any discrepancy in expression of intention. The company shall, without delay, process the user’s request. Note, if payment has already been made, however, the company shall follow the provision concerning subscription withdrawal under Article 11.

Article 7 (Inspection and Repackaging)

①     The company may open or inspect the subject shipment so as to check the sameness, defects or damages in the subscribed goods, etc., and verify their compliance with the export/import laws of the countries concerned. In such cases, the company shall notify the user of the criteria and scope of the inspection in advance.

②     If it finds defects or damages of the goods, etc., the company shall notify the user of such fact and terminate or cancel the user’s subscription, or proceed to deliver the subject goods, etc., upon his/her request.

③     If it finds abnormalities such as bad smell or liquid leakage, etc., in the subscribed goods, etc., during the inspection, the company shall notify the user of such incident and may take provisional actions against the subject goods, etc., including keeping them in separate custody.

④     In case of Paragraph 3, the company may dispose the subject goods, etc., as per the user’s request. In such cases, the company shall compensate for the sales price of the subject goods and pay for the disposal of the subject goods, etc.

⑤     If it views the packaging of the goods, etc., is inappropriate for transportation, the company may repackage the subject goods, etc., in consideration of possible impact during the transportation.

Article 8 (Shipment) If the user purchases multiple goods, etc., and more than two overseas business operators involve in supply of such goods, etc., the subject goods may be delivered to the company’s overseas warehouse facilities in order of arrival of the said goods. But the company shall not cooperate with the user’s request for any illegal action including split shipping, false invoicing, etc., to avoid the customs duties and import surtaxes.

Act 9 (Customs)

①     On behalf of the user, the company, via its consigned freight forwarder or customs broker, may perform the customs clearance for the subscribed goods, etc. In such cases, the user or a receiver of the goods, etc., shall pay for the customs duties and import surtaxes.

②     If the freight forwarder or customs broker, on behalf of the user, pays for the customs duties and import surtaxes imposed during the customs clearance, the company shall settle such expenses with the consigned party given the payment already made by the user.

Act 10 (Emergency Measures)

①     Due to the causes attributable to the user, a government body may ask the company to hand over the goods, etc. When it happens, the company shall comply with the government body’s justifiable request based on relevant laws and notify the user of such fact without delay.

②     If the abovementioned measures in Paragraph 1 have caused the user to suffer damages, the company shall compensate for such damages.

③     If the government body aforesaid in Paragraph 1 returns the goods, etc., the company shall, without delay, keep fulfilling its obligation against the user in accordance with the buying contract made.

Article 11 (Withdrawal of subscription, etc.) Any user contracting the purchase of buyable goods abroad, etc., posted on the mall, with the company may withdraw the subscription within seven days from the date the contract document is provided (or the date the goods, etc., are supplied or the supply of the goods, etc., has started when supply occurs days after the subject document is provided.)

Article 12 (Limitation of subscription withdrawal, etc.)

①     The user shall not be allowed to withdraw his/her subscription for the delivered goods, etc., in any of the following cases;

1.       When the goods, etc., have been lost or damaged for reasons attributable to the user (Note, however, that the subscription may be withdrawn if the user has destroyed the packaging of the delivered goods, etc., in order to check the contents of the subject goods.);

2.       When the value of the goods, etc., has remarkably decreased due to the user’s use or partial consumption;

3.       When the value of the goods, etc., has remarkably decreased to a level that makes their resale difficult due to the lapse of time;

4.       When the packing of the original goods, etc., is damaged in case they can be duplicated to make a copy with the same performance;

5.       When the subscription withdrawal for the custom-made goods, etc., or similar goods is expected to cause irrecoverable damages to the company; where the user has been separately notified of such fact in advance and agreed to accept the terms of the subject transaction with written conformation (including electronic documents.)  

②     The user’s subscription withdrawal shall not be limited if the mall has failed to indicate the fact that the subscription withdrawal would be restricted in a conspicuous spot in advance or failed to take actions of providing used goods in cases falling under Subparagraphs 2 through 4, Paragraph 1.

Article 13 (Discrepancies, defects, damages, etc.) In spite of Article 12, the user may withdraw his/her subscription within three months from the date the goods, etc., are supplied or within thirty days from the date the fact was known or could be known if the contents of the goods, etc., are different from the contents of their markings or advertisement or subscription has been performed differently from the contract terms. 

Article 14 (Effect of subscription withdrawal)

①     The company shall refund the payment already made for the goods, etc., within three business days from the date the user returns the subject goods. When it defaults in the refund, the company shall pay a delay interest at the rate of twenty-hundredth for the delayed period.

②     The company shall, without delay, request the payment service provider for suspension or cancellation of payment for the goods, etc., when the user has made payment using credit card, digital currency, or other similar payment means.

Article 15 (Return)

①     The user shall pay for the expenses incurred in connection with overseas shipping, purchasing and returning of the goods, if he/she has withdrawn the subscription of the goods, etc., after the subject goods have been delivered to the company’s overseas warehouse facilities. In such cases, the company shall present the materials proving the date of the buying contract made with overseas business operator as well as the shipment date of the subject goods.

②     The user shall pay for the expenses incurred abroad in connection with overseas shipping, taxes, use of warehouse facilities, cargo loading, airfares, etc., as well as those incurred at home in connection with imports, customs clearance, domestic shipping, etc., if he/she has withdrawn the subscription for the goods, etc., after the subject goods has been delivered to the user’s domestic address.

③     The company shall pay for the expenses incurred during return of the goods, etc., if the subscription has been withdrawn because the subject goods are different from the contents of their markings or advertisement, or the contract has been performed differently from the contract terms.

④     If the user has paid the original shipping expenses, the company shall clearly indicate who shall pay for the return expenses when he/she withdraws the subscription.

⑤     The company shall indicate the information described in Paragraph 1 and 2 in the mall’s conspicuous spot in advance.

Article 16 (Exchange and Repair)

①     Since the company does not have the goods, etc. in stock, the user shall not return the subject goods for exchange. Note, however, the user may return the subject goods for refund if he/she has withdrawn the subscription.

②     The company shall not perform any repair service (after-sales service) for the goods, etc.

③     If it has failed to indicate the information described in Paragraph 1 and 2 in the mall’s conspicuous spot, the company shall comply with the user’s request for repair or exchange of the goods, etc.

Article 17 (Settlement of disputes)

①     The company shall establish and operate an organization in order to compensate for the user’s damages while reflecting the justifiable opinions or complaints raised by him/her.

②     The company shall preferentially handle complaints or opinions filed by the user. If it has difficulty in handling the complaints swiftly, however, the company shall, without delay, notify the user of the cause and schedule.

③     The company may follow the mediation awarded by the Fair Trade Commission or a dispute mediation agency entrusted by mayors or governors when a user files a request for remedy of damages in connection with a dispute between the company and the user who is a Korean national or has a business domain in Korea.

Article 18 (Court jurisdiction and governing law)

①     Any lawsuit filed in connection with any dispute between the company and the user, who is a Korean national or has a business domain in Korea, shall be referred exclusively to a court having jurisdiction over the user’s address or to the district court having jurisdiction over the area where the user resides if he/she does not have a registered address. If the user’s address or place of abode is not clear, or the user is a foreigner, however, such lawsuit shall be filed with a court having jurisdiction as determined under the Civil Proceedings Act.

②     The Korean law shall apply to any lawsuit filed in connection with the transactions between the company and the user, who is a Korean national or has a business domain in Korea.