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The purpose of these Terms and Conditions of Use of Shopping Services of Gmarket (the ¡°T&C¡±) is to set forth the rights, obligations and Article 2 (Disclosure, Validity and Amendment of the T&C) 1. The Company will disclose the T&C on the initial landing page of Gmarket to help Members to check the T&C, together with the name, place of 2. The Company may amend the T&C to the extent permitted by the Regulation of Standardized Contracts Act, the Framework Act on e-Commerce, the Digital Signature Act, the Act concerning Promotion of Utilization of Information and Communications Networks and Protection of Information, etc., the 3. If any terms of the T&C are amended by the Company, all amended terms shall be effective 14 days after they are initially posted on the initial 1. Capitalized terms used herein shall have the following meaning: 1) ¡°Member¡± means a natural or juridical person that has provided personal information to registered with Gmarket as a member, as classified as 2. Any terms not defined in Section 2.1 above shall have the meanings ascribed in the general commercial practices. Article 4 (Types of the Services) 1. The Company will provide the following Services: 1) Services relating to the development and operation of an e-commerce platform:     i) Sales-related support; 2) Services for the execution of advertisement and promotion 2. The purposes of the above Services provided by the Company are to allow Members¡¯ use of cybermalls, and to intermediate mail-order sales, in The Company will be only responsible for the operation and management of a system for the efficiency of the Services and will not act as an agent of In relation to the transactions between Sellers and Buyers through the system provided by the Company, the Company will not guarantee the existence and genuineness of the intent to sell or buy, the quality, completeness, safety, and legality of the registered items, non-infringement of third party rights, or the truthfulness or legality of the information entered by any Seller or Buyer, or data posted on the URL linked to the information entered by any Seller or Buyer. The Members concerned shall solely take any and all risks and responsibilities relating thereto. Chapter 2. User Agreement and Data Protection Article 7 (Formation of a Shopping Service User Agreement) 1. The Shopping Service User Agreement (the ¡°User Agreement¡±) shall be formed upon the Company¡¯s acceptance of an application for the use of 2. A person who intends to use the shopping services shall agree to the T&C and enter necessary information including but not limited to information 1) In the case of a Member who is a natural person, the following information must be entered: i) Your ID, Password, Password for your G-account, name, resident registration number, email address, contact numbers, and whether or not you 2) In the case of a Member that is a juridical person, the following information must be entered: i) Your ID, Password, Password for your G-account, trade name, business registration number, email address, contact numbers, and whether or not 3. A person of 14 full years old or older or a business operator (whether a natural or juridical person) is eligible to the membership to the Services. An applicant shall apply for the membership in his/her/its real name. If any one applies for the membership in a name other than his/her/its real name or by misappropriating another¡¯s information, such applicant may be restricted from using the Services or penalized pursuant to applicable laws and 4. Applications will be handled on the first-come-first-served basis, and admission to the membership will become effective at the time when the 5. The Company may withhold or refuse its acceptance of an application in any of the following cases: 1) if in the Company¡¯s real-name verification process, it is found that the application is not made in real name; Article 8 (Change and Protection of Personal Information) 1. A Member may not provide false information when applying for the membership, and in the event of any change in the information provided when 2. Any damages arising out of the failure to update information must be borne solely by the relevant Member, and the Company shall not be held liable for any such damages. 3. The Company will not use any information provided by the Member for the execution of a User Agreement, for a purpose other than its operation of 1) such use or disclosure is permitted by applicable laws and regulations; 4. To protect Member¡¯s personal information, the Company will establish the privacy policy, designate a privacy officer of the Company and disclose Article 9 (Control over ID and Passwords) 1. Each Member shall be responsible for the control over his/her/its ID and Password, and may in no event assign or lend any of them to a third party. 2. Each Member shall take the responsibility for any and all damages and losses arising out of the leak, assignment or lending of a Member¡¯s ID or 3. If a Member becomes aware of the theft, or unauthorized use by a third party, of his/her/its ID or Password, the Member shall immediately notify the Article 10 (Termination of the User Agreement) 1. Termination by members: 1) A Member may terminate the User Agreement at any time by notifying the Company of the Member¡¯s intent to terminate it; provided that the Member 2. Termination by the Company: 1) The Company may terminate the User Agreement in the event of occurrence or finding of the following: Article 11 (Term and Suspension of Provision of the Services) 1. The term of the provision of the Services will begin from the date on which use of the Services are applied for, and ends on the date of termination of the User Agreement. Article 12 (Service Usage Fees) The Company may provide various services needed for the freedom of e-commerce between the Members and charge certain fees therefor (i.e., Chapter 3. Use of Shopping Services of Gmarket Article 13 (Execution of Contracts and Payment of Purchase Prices) 1. A sale and purchase contract will be executed by a Member offering to purchase a given item on the terms and conditions of sales suggested by a 2. The Company will provide methods for payment of the purchase price in cash, by credit card, or by other means. 3. The Buyer will enter information relating to the payment of the purchase price at his/her/its own responsibility, and shall solely take any and all 4. The Company may cancel a transaction without the consent of any Member, if the purchase price is not paid within a certain time period after the 5. The Company will take measures to allow the Buyer to check the contents of the executed sale and purchase contract on the webpage of ¡°My 6. The Company may check whether the Buyer is lawfully entitled to use the payment means used when paying the purchase price. The Company may suspend the transaction until the completion of confirmation of the buyer¡¯s right to such use, or cancel the transaction if it is impossible to obtain such confirmation. 7. The amount actually paid by the Buyer shall be an amount (actual purchase price) remaining after applying to the original price (set by the Seller), 1. A delivery period shall begin on the date following the date on which receipt or settlement of payment is confirmed and end on the date of completion of delivery. 2. The Company will guide the Seller to take measures necessary for delivery within three (3) business days from the Seller¡¯s receipt of the Company¡¯s notice to confirm the receipt of or settlement of payment by the Buyer. 3. Public holidays, weekends and any other days during which delivery is impracticable due to a force majeure event or otherwise shall not be counted as part of a delivery period. 4. As a general rule, any dispute arising among the Seller, the Buyer, a delivery service provider, a financial institution, etc. in relation to the delivery, 5. If a status update concerning delivery is delayed due to the Buyer¡¯s failure to confirm his/her/its receipt after the Seller has properly confirmed 1. A Member may cancel an order of purchase at any time prior to the shipping of the purchased items, and if cancellation is requested during the 2. If an application for cancellation is received after a Member¡¯s completion of payment and while waiting for shipping, the cancellation of the order will be immediately processed, absent special circumstances. 3. In the case of cancellation of an order after shipping is arranged, as a general rule, the cancellation of the order will be immediately processed. However, if the purchased items are shipped, as a general rule, the Buyer shall bear the fees for both delivery and return of the shipped items. 4. As for any refund following duly processed cancellation, payment by credit card will be cancelled immediately upon the completion of cancellation 1. A Member may demand a return (¡°Return¡±) of the purchased items within seven (7) days after receipt of the delivery pursuant to applicable laws and 2. The e-Commerce Act will prevail over the terms and conditions of sales suggested by the Seller, as for general terms and conditions on the Return. 3. As a general rule, costs and expenses incurred for the Return (¡°Return Costs¡±) shall be borne by a person to whom the reason for the Return is 4. When applying for the Return, if the Buyer does not set out the return invoice number or accurately (or in writing) notify the Seller of the reason(s) for 5. As for the refund following the Return, after the returned item is received by the Seller and after the reasons for the Return and who to bear the costs and expenses for the delivery and Return Costs are confirmed, payment in cash will be refunded to the relevant Member¡¯s account as a cash balance within three (3) business days, and the payment by credit card will be cancelled immediately. 6. In case the Buyer has to bear the Return Costs, if the additional payment of the Return Costs is not made, the refund may be delayed. 1. A Member may demand an exchange of the purchased items within seven (7) days after receipt of the delivery pursuant to applicable laws and 2. Even if an exchange is requested, an exchange may not be possible if the Seller has no stock for the exchange, and in such case, the request will be processed as a Return. 3. Costs and expenses incurred for the exchange (e.g., costs for delivery to and from the Seller) shall be borne by the Seller in the case of defect in the purchased items, and shall be borne by the Buyer in the case of simple change of mind. 1. In the case of a return or exchange due to a defect in the purchased items, the Company will have payment in cash refunded to the relevant 2. As a general rule, refund of payment by credit card can be made only by way of cancellation of such payment. 3. If a Member intends to receive refunds in cash using another account with a financial institution and withdraw funds from such account, the Member may make a fund transfer request to have the funds transferred to such separately designated account. Article 19 (Exceptions to Return, Exchange or Refund) In the any of the following cases, the Buyer shall not demand a Return, exchange or refund: 1) if the item is lost, destroyed or damaged due to a cause attributable to the Buyer; 1. In the pre-paid mail-order sales through the Company, the Company will seek safety of transactions for the Buyer by placing in escrow the payment of a purchase price from the Buyer and delivering the payment to the Seller after the completion of delivery. 2. The Company will request the Buyer to notify the Company of the receipt of the purchased items within three (3) business days from the receipt. 3. If the Buyer does not notify the Company of the receipt of the purchased items within three (3) business days from the receipt, the Company may 4. As for specifics of the escrow services, the provisions of the ¡°Terms and Conditions of e-Commerce Transactions¡± will apply mutatis mutandis. Chapter 4. Use of Additional Services of Gmarket Article 21 (G-account Services) 1. ¡°G-account¡± means the cyber-use-only account services provided by the Company, which is to provide a virtual account whereby a Member may 2. The G-account services will consist of cash balance services, G-cash services, mileage services, Gmarket gift certificates, and so on. 3. Among the G-account services, G-cash services and mileage services will be available to the Members only. Article 22 (Cash Balance Services and Gmarket Gift Certificates) As for specifics of cash balance services and Gmarket gift certificates, the provisions of the Terms and Conditions of e-Commerce Transactions¡± will 1. ¡°G-cash¡± means cyber-money that a Member can use when using certain for-charge services provided by the Company. 2. The Member cannot purchase any goods with G-cash, and any balance of G-cash can be converted into a cash balance if it exceeds a certain 3. G-cash can be converted into a cash balance as set out below. 4. In the case of a person who is no longer a Member, any unconvertible G-cash will, upon the passage of 15 business days from the termination of Article 24 (Mileage, Book-cash Services) 1. The Company may grant certain mileage or book-cash to a Member if the Member purchases products on Gmarket, prepare product review, 2. Mileage and book-cash, if granted, will remain valid for three (3) years from the date of the grant, unless otherwise prescribed by the Company (in 3. If a Member enters into no transaction for one (1) year while the Member¡¯s accumulated mileage is less than 5,000 miles, such Member will be 1. ¡°G-stamp¡± means a type of coupon with which a Member can participate in the auction process proceeded with on Gmarket or in various events and the like. A Member will have only the right and authority to use G-stamp and shall in no event sell or transfer it in substance to another. 2. G-stamps shall not be used for a transaction of goods or services, unless otherwise prescribed by the Company, nor shall be converted into 3. A Member may acquire a G-stamp in the following case: 4. G-stamps that are accumulated upon the purchase of products for which it is to be granted, can be used after the completion of delivery following 5. A G-stamp, if granted, will remain valid for two (2) years from the date of issuance, unless otherwise prescribed by the Company (in which case the mileage and book-cash will remain valid for the prescribed term) and will automatically lapse upon the expiry of the valid term. 6. If a Member enters into no transaction for one (1) year, such Member will be deemed as inactive, and G-stamps accumulated for the Member will be withdrawn by the Company 1. The Company or the Seller may issue discount coupons under which a Member using the shopping services may get discount at a certain rate or in a certain amount when the Member makes a purchase. 2. The Member shall use discount coupons for the Member¡¯s own purchase only, and shall in no event sell or transfer any of them in substance to 3. Use of discount coupons may be subject to limitations depending on the item or price of certain goods or services. No discount coupon may be used after the expiry of its valid term. 4. If the purchased items are returned or if the purchase is cancelled, after any discount coupon is used in relation to the underlying purchase, as a Article 27 (Zero-Margin Club Membership) 1. The ¡°Zero-Margin Club¡± means shopping services based on for-charge membership, and the Company will allow a Member having the 2. To use the Zero-Margin Club, a separate membership thereof shall be granted. The membership of the Zero-Margin Club may be acquired either by payment of membership fees, or by conversion of mileages into the membership. 3. Upon acquisition of the membership of the Zero-Margin Club pursuant to the foregoing section, shopping subsidy will be granted to the Member and the Member will be entitled to the purchases on discount up to the shopping subsidy granted during the valid term of the membership of the 4. Acquisition of the membership of the Zero-Margin Club may be cancelled within seven (7) days therefrom; provided that no cancellation shall be 5. Upon termination of the User Agreement, the membership of the Zero-Margin Club and any shopping subsidy shall automatically lapse. Article 28 (International Delivery Services) 1. The Company will provide services to provide assistance in the process of international delivery of products (for which a sale and purchase contract 2. In the case of international delivery, a sale and purchase contract may be cancelled at any time before the delivery of the purchased items, and a 3. A Buyer who intends to obtain the Company¡¯s approval for an exchange or a Return, shall submit objective evidencing materials to the Company to 4. If an exchange or a Return is approved by the Company, the Buyer shall contact the International Delivery Customer Center, return the purchased 5. If the estimated international delivery costs paid at the time of purchase are greater than actually incurred costs, the Company shall refund the 6. If the estimated international delivery costs paid at the time of purchase are less than actually incurred costs, delivery will be possible only if the 7. The recipient shall bear all other costs and expenses that may incur and vary depending on the country of shipping/delivery (such as customs, taxes, etc.) in relation to the use of international delivery services. Article 29 (Global Shopping Services) 1. The Company will provide global shopping services to deliver from abroad to Korea products that are registered by a Seller located outside Korea 2. In the case of purchase of a direct-delivery item sold by a global Seller, a sale and purchase contract may be cancelled at any time while waiting for 3. In the case of a Return for the reason of an inherent defect in the purchased item, and the like, the Buyer shall, within three (3) days from delivery, 4. If a purchased item is returned due to a Buyer¡¯s change of mind, all costs for delivery and the Return (in the case of an exchange, costs for delivery to and from the Seller) and any other costs shall be borne by the Buyer. Article 30 (Services of Financial Information/Information on Living) 1. The Company will provide services of financial information and information on living which will allow a Seller to (i) advertise or promote the Seller¡¯s 2. The Company will provide just the means for exhibition for a Seller¡¯s provision of such services, and in no event participates in any of the process for consultation, subscription, payment and the like. The Company shall not take any responsibility therefor. 3. If an applicant has himself/herself/itself provided a Seller with information necessary to apply for the appointment/reservation of consultation (e.g., 4. The applicant shall be solely responsible for any and all issues and problems that may arise if an applicant has provided a Seller with false Article 31 (Regular Customers of Mini-Shops) 1. ¡°Mini-Shop¡± means a virtual place for sales, as provided by the Company to a Seller, and as operated as if it is the Seller¡¯s personal shop. A Member may register as a regular customer of a Mini-Shop and use additional services provided by the Seller, such as various event opportunities, discount 2. A Seller may by email send advertisements, coupons and the like to Members who are registered as regular customers of the Seller¡¯s Mini-Shop, Chapter 5. Management and Protection of Users Article 32 (Management of Users) 1. The Company may take the following actions with respect to a Member who has violated these Terms of Use, applicable laws and general 2. If the Company intends to take any action provided in the foregoing section against a Member, the Company must in advance notify the Member 3. A Member may raise an objection to the action (to be) taken by the Company hereunder, if the Member has a reason for such objection. Article 33 (Management of User¡¯s Credit Rating) 1. The Company may ascribe a certain credit rating to the Member, based on the amount, number and frequency of the Member¡¯s purchase and other performance records and the like, and grant certain benefits depending on the respective credit ratings. 2. The Company may disclose any and all terms and conditions of the credit ratings ascribed to the Members and respective benefits granted by the Article 34 (Liability for Copyright Infringement) 1. The Company has established and enforces a policy to protect the copyrights of copyright owners in connection with the provision of the Services, 2. Copyright to various content posted on Gmarket (whether in its shopping Webzine, product review, Q&A or otherwise) shall vest in the Member who 3. If a Member¡¯s copyright is infringed on Gmarket, the Member may protect his/her/its lawful right through the copyright infringement report center 4. The Company may without prior notice remove any content posted on Gmarket or take any action (such as, placing restrictions on the use of certain services, termination of a User Agreement, etc.) against the person who posted the content, in the following case: 5. Any content posted on the Gmarket (whether in its shopping Webzine, product review, Q&A or otherwise) and prepared by a Member may be Article 35 (Good Market Assurance Program) 1. The Company has established and enforces the ¡°Good Market Assurance Program¡± consisting of the following, to assure fair and safe transactions in relation to the use of the Services of the Company: 2. The Company will set the procedures under which Members and lawful right-owners may report and resolve problems through Good Market 3. Members shall with sincerity respond to the mediation through the Safe Trade Center under the principle of good faith and sincerity. Article 36 (Dispute Mediation Center) 1. The Company will operate the Dispute Mediation Center for resolution by mediation of a dispute between Members, or between a Member and a 2. If the Company helps relevant parties to resolve a dispute by mediation through the Dispute Mediation Center, the Company shall be impartial in the mediation as if it is an independent party. 3. Members shall with sincerity respond to the mediation process through the Safe Trade Center under the principle of good faith and sincerity. Article 37 (Prohibited Activities) 1. Direct Dealing 2. Misbehavior in Auction 3. System-related Misbehavior 4. Settlement-related Misbehavior 5. Other Prohibited Activities Chapter 6. Miscellaneous Article 38 (Relationship between Rules to Comply and Applicable Laws and Regulations) 1. Any matters not provided in the T&C shall be governed by e- Commerce Act, any other applicable laws and regulations, and general commercial 2. For transactions executed through the shopping service provided by the Company, e- Commerce Act and other applicable laws and regulations 3. If necessary, the Company may set out separate terms that apply to specific services (¡°Individual Terms¡±) and post the Individual Terms on the 4. Amendment of the Individual Terms provided in Section 38.3 above will be effective 14 days after initially posted on the initial landing page of 5. Member shall pay attention to any changes to the T&C and the Individual Terms, and when any amendment thereto is posted, Members shall review and check them. 1. The Company only provides a transaction system that is based on the Gmarket platform. Parties to a transaction shall be responsible in the event of any disputes arising in connection with any transaction using the Gmarket transaction system. 2. Absent willful misconduct or gross negligence of the Company, the Company shall not be liable for any damages suffered by a Member or a third 3. If the Company restricts or suspends the Services pursuant to Section 11.3, the Company shall on grounds of a force majeure event be released 4. The Company shall not be liable for any disruption or other interruption in the use of the Services that has arisen for a reason attributable to a 5. The Company shall in no event be liable for any damages whatsoever, arising from a Member¡¯s disclosure or provision of the Member¡¯s personal Any lawsuit to which the Company is a party shall, if brought in connection with a dispute arising between Members or between the Company and any Member, be submitted to the competent court having jurisdiction over the place where the head office of the Company is located. 1. The Company may, if necessary, change or suspend certain Services (or part thereof) temporarily or permanently by providing advance notice on the homepage of its website. 2. Neither the Company nor Members shall transfer any rights and obligations under the T&C to a third party without the express consent of the other 3. All agreements, memoranda of understanding, notices and other instruments additionally executed between the parties and any and all notices to Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) Article 1 (Effective Date) |
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