Standard Terms and Conditions of Overseas Purchase

(for Entrust-typed Buying Agency Service)

Standard and Terms and Conditions No. 10075 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 entrust-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 buyable goods or services abroad (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, operating network, host server, etc., in countries other than Korea.

④     Entrust-type buying agency service shall mean the service that the company offers to the user upon his/her request to purchase, on behalf of him/her, certain goods, etc.

⑤     Buying agency commission shall mean the fees that the company charges the user for the use of its service.

⑥     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)For the sake of the user, the company, under its fiduciary duty, may perform the following businesses:

①     Searching the goods, etc., subscribed by the user and providing the contents of the buying agency commission;

②     Signing a buying contract with overseas business operator concerning the goods, etc., subscribed by the user, and paying for the subject contract;

③     Receiving, inspecting, packaging and international shipping for the goods, etc.;

④     Executing agency works for local return, exchange and refund of the goods, etc., abroad;

⑤     Executing agency works for customs clearance;

⑥     Executing agency works for international return shipping for exchange and refund of the goods, etc.; and

⑦     Executing other works concerning purchase of the goods, etc.

Article 4 (Limitation of service use)

①     The company may refuse the user’s subscription request in any of the following cases, dispose the subject goods, etc., with the user’s consent (or after it notifies him/her of such intention in case it is impossible to get the user’s consent), or return the subject goods, etc. to overseas business operator with the payment of the return shipping charges by the user;

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

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

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

4.       If the subscribed goods contain animal, gold/silver bar, currency, medicine, weaponry, human body parts, pornography, fine metal, stone, refrigerated goods, cold or frozen storage-needed goods, explosives, flammables, etc.;

5.       If the subscribed goods are subject to the trade embargos by export, import and/or transit countries concerned; and

6.       If the subscribed goods are prohibited by the conditions of carriage of freight forwarders.

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 (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 abroad. 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 buying agency contract shall be deemed to have been concludedat the time the user is notified of the company’s acceptance confirmation with the buying agency commission for the subject service provided.

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 the payment for the service has already been made, the company shall follow the provision concerning the subscription withdrawal under Article 11.

Article 6 (Buying agency fees and ex post facto settlement)

①     Buying agency commission are equal to Won ________ or _____ percent (_____%) of the sum of the sales price of the goods, etc., subscribed by the user, overseas shipping charges and overall surtaxes abroad.

②     Before the user makes the payment in connection with the purchase of the goods, etc., the company shall notify the user of the buying agency commission, expected overseas/domestic shipping expenses, purchase price of the subject goods, etc., other surtaxes and charges, etc.

③     The amount charged by the company may change due to overseas business operator’s special promotion, foreign exchange fluctuation, etc. In such cases, the company shall, without delay, notify the user of the subject change, and shall refund the difference between the original and the new pricing or may charge additional amount to the user.

④     In case the change in the sales price of the goods, revision in the tariff table, errors in computing system, difference in foreign exchange rates etc., have caused discrepancies between the payment made by the user and the expenses paid by the company, the company shall settle the overs and shorts ex post facto. Before he/she signs the buying agency service contract, the company shall also notify, in a comprehensible way, the user that such discrepancy may arise and ex post facto settlement shall be needed.

Article 7 (Inspection)

①     The company may open or inspect the 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 discrepancies, defects or damages in the subscribed goods, etc., the company, under its fiduciary duty, shall request overseas business operator to accept return of the subject goods, etc., for exchange or refund.

③     If its faulty inspection has caused the user to suffer damages, the company shall compensate for such damages. Note, if the goods, etc., have performance defects or functional flaws which are beyond in its inspection capabilities, however, the company shall not be liable for the user’s damages. 

Article 8 (Repackaging and supplemental packaging)

①     With the user’s consent, the company, may repack the subject good, etc., during the inspection pursuant to Article 7.

②     If it views the packaging of the goods is inappropriate for transportation, the company, with the user’s consent, may repack the goods, etc., in consideration of possible impact during the transportation. In case additional expenses are incurred during the repackaging, the company may charge the user for such expenses.

③     In case of Paragraph 1 and 2, the company shall notify the user of the fact that the repackaging may cause his/her return or refund request for the goods, etc., to be refused by overseas business operator.

④     If he/she has not agreed to repackage the goods, etc., as stated in Paragraph 2, the company shall not be liable for the user’s damages caused by the aforesaid inappropriate or poor packaging condition. Note, however, the company shall not be exempt from the liability in case its intentional or substantial negligence is acknowledged.

Act 9 (Customs)

①     By obtaining qualification for import of the goods, etc., the company, via its consigned freight forwarder or customs broker, shall perform the customs clearance. In such cases, the user or a receiver of the goods, etc., shall pay the customs duties and import surtaxes. If the user defaults in payment, the company shall not deliver the subject goods, etc.

②     The company shall abide by relevant laws including the customs regulations of the export/import countries concerned, but not handle any prohibited goods, or cooperate with the user’s request for illegal action including split shipping, false invoicing, etc.

Act 10 (Emergency Measures)

①     The company shall not guarantee that certain goods will be cleared under the customs regulations of the export/import countries concerned.

②     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.

③     Even if the measures mentioned in Paragraph 2 have caused the user to bear losses, the company shall not be liable for such losses. In such cases, however, the user’s obligation to pay for the buying agency service commission and other expenses concerning the subject goods, etc., shall subsist.

④     If the government body aforesaid in Paragraph 1 returns the subject goods, etc., the company shall, without delay, keep fulfilling its obligation against the user in accordance with the buying agency service contract made.

Article 11 (Withdrawal of subscription and criteria of refund)

①     If the user withdraws his/her subscription for the buying agency service contract before the company makes the buying contract for the subject goods, etc., with overseas business operator, the company shall refund total payment for the buying agency service commission already made by the user.

②     The user shall not be allowed to withdraw his/her subscription for the buying agency service contract after the company has made the buying contract for the goods, etc., with overseas business operator. In such cases, the company shall present the materials proving the date when the subject contract has been made.

③     In case of Paragraph 2, the user shall not ask the company to refund the buying agency service commission. Note, if the user has showed its withdrawal intention, etc., and the overseas business operator has agreed to accept return of the goods, etc., for exchange or refund, however, the company shall return the subject goods to the overseas business operator with the payment for the return shipping charges by the user, and charge the refund by the overseas back to the user. In such cases, the company shall provide the user with the evidences showing the return shipping expenses.

④     If the overseas business operator has not agreed on return or refund of the goods, etc., in case of Paragraph 2, the company shall notify the user of the instruction concerning disposal of the subject goods, etc. within more than one month-long timeframe.

⑤     The user’s subscription withdrawal for the buying agency service contract shall not be limited if the company has failed to indicate the fact that the subscription withdrawal would be restricted in a conspicuous spot in advance or failed to offer trial goods.

Article 12 (Indemnification)

①     If the subscribed goods, etc., have been lost or damaged during the shipment from the point of receipt of the subject goods to the point of delivery to the user’s domestic address, the company shall compensate for the user’s damages based on the amount paid by him/her, unless it proves to use its best efforts in order to safeguard the receipt, transfer, storage and shipment of the subject goods, etc. If the damages of the goods, etc., have been caused by its intentional or significant negligence, the company shall be liable for all the damages the user suffered.

②     If the user’s damages have been attributable to his/her incorrect information, the company shall not be liable for such damages unless the damages have been caused by its intentional or significant negligence.

③     If the goods, etc., have performance defects or functional flaws which are beyond its inspection capabilities, the company, under its fiduciary duty, shall request overseas business operator to accept return of the subject goods, etc., for exchange or refund.

Article 13 (Limitation of liability)

①     The company’s liability for omission or damage of the shipment shall become extinct unless the user notifies the company of such fact within ten days from the date he/she has received the subject shipment.

②     Even if the company assumes the liability pursuant to Paragraph 1, its liability shall become extinct after one year from the date the user has received the shipment. Note, in case the shipment has been lost, however, the extinction date of the liability shall be based on the date the company has notified the user of such loss.

③     In spite of Paragraph 1 and 2, the company’s liability for the user’s damages shall subsist until five years from the date he/she or his/her consignee has received the shipment in case it has intentionally concealed the aforesaid defects and delivered the goods, etc., to the user.

Article 14 (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 15(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.