Article 1 (Purpose)

These Terms and Conditions set forth the rights, obligations and responsibilities between the cybermall operated by MA F&B Co., Ltd.. (hereinafter referred to as the “Mall”), an e-commerce business operator, and users, in connection with the use of internet-related services (hereinafter referred to as the “Services”) provided by the Mall.
※ These Terms and Conditions shall also apply, mutatis mutandis, to electronic commerce conducted via PC communications, mobile, etc., unless contrary to their nature.

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Article 2 (Definitions)

1. “Mall” means the virtual business site set up by MA F&B Co., Ltd.. to provide goods or services (hereinafter referred to as “Goods, etc.”) to users by means of computers or other information and communication facilities, and it also refers to the business operator that runs the cybermall.
2. “User” means a member or non-member who accesses the Mall and receives the Services provided by the Mall in accordance with these Terms and Conditions.
3. “Member” means a person who provides personal information to the Mall and registers as a member, and who continuously receives information from the Mall and can continuously use the Services provided by the Mall.
4. “Non-member” means a person who uses the Services provided by the Mall without joining as a member.

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Article 3 (Posting, Explanation, and Revision of the Terms and Conditions)

1. The Mall shall post the contents of these Terms and Conditions, the name of the company and its representative, the address of the business place (including the address where customer complaints can be handled), telephone number, fax number, e-mail address, business registration number, mail-order business report number, person responsible for the management of personal information, etc., on the initial service screen (front page) of the cybermall so that users can easily find them. However, the detailed contents of the Terms and Conditions may be made available to users through a linked page.
2. Before a user agrees to these Terms and Conditions, the Mall shall provide a separate linked screen or pop-up screen so that the user can clearly understand important matters such as withdrawal of offer (cancellation), delivery responsibilities, and refund conditions set out in the Terms and Conditions, and shall obtain the user’s confirmation.
3. The Mall may revise these Terms and Conditions to the extent that such revision does not violate 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 Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, the Consumer Protection Act, and other relevant laws and regulations.
4. When the Mall revises the Terms and Conditions, it shall specify the effective date and reasons for the revision and post them, together with the current Terms and Conditions, on the initial screen of the Mall from at least seven (7) days prior to the effective date until the day before the effective date.
   However, if the revision is unfavorable to users, the Mall shall provide notice with a grace period of at least thirty (30) days. In such case, the Mall shall clearly compare the contents before and after the revision so that users can easily understand the changes.
5. The revised Terms and Conditions shall apply only to contracts concluded after the effective date, and contracts already concluded before that date shall be governed by the previous Terms and Conditions. Notwithstanding the foregoing, if a user who has already concluded a contract expresses his/her wish to be subject to the revised Terms and Conditions within the notice period pursuant to Paragraph 3 and obtains the Mall’s consent, the revised Terms and Conditions shall apply.
6. Any matters not provided for in these Terms and Conditions and the interpretation thereof shall be governed by 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 guidelines on consumer protection in electronic commerce prescribed by the Korea Fair Trade Commission, and general commercial practices.

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Article 4 (Provision and Change of Services)

1. The Mall provides the following services:
   1. Provision of information on Goods, etc. and conclusion of purchase contracts
   2. Delivery of Goods, etc. for which purchase contracts have been concluded
   3. Other services determined by the Mall
2. In case of stockouts of Goods, etc. or changes in technical specifications, the Mall may change the contents of Goods, etc. to be provided under future contracts. In such case, the Mall shall immediately post the changed contents of the Goods, etc. and the date of provision in the place where the current Goods, etc. are displayed.
3. If the Mall changes the contents of services to be provided to users under a contract due to stockouts of Goods, etc. or changes in technical specifications, the Mall shall immediately notify the user of the reason at an address where the user can be contacted.
4. In the case of the preceding Paragraph, the Mall shall compensate users for any damage incurred as a result. However, this shall not apply if the Mall proves that there was no intention or negligence on its part.

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Article 5 (Suspension of Services)

1. The Mall may temporarily suspend the provision of Services if reasons arise such as maintenance, replacement or malfunction of computers or other information and communication facilities, or interruption of communication.
2. The Mall shall compensate users or third parties for any damage incurred due to the temporary suspension of Services for the reasons set forth in Paragraph 1. However, this shall not apply if the Mall proves that there was no intention or negligence.
3. If the Mall becomes unable to provide Services due to reasons such as change of business type, business discontinuation, or merger, it shall notify users in accordance with Article 8 and compensate consumers according to the conditions originally presented by the Mall. If the Mall has not indicated any compensation standards, the Mall shall pay users the value of mileage or e-Money, etc., in kind or cash equivalent to the currency value used on the Mall.

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Article 6 (Membership Registration)

1. A user applies for membership by filling out the member information form prescribed by the Mall and indicating his/her consent to these Terms and Conditions.
2. The Mall shall register as members those users who apply in accordance with Paragraph 1, unless any of the following applies:
   1. The applicant has previously lost membership qualification under Article 7(3); provided that an exception is made where the Mall has approved re-registration as a member after at least three (3) years have elapsed since such loss of qualification.
   2. There is false information, omission, or error in the registered contents.
   3. It is deemed that registration as a member would cause significant technical problems to the Mall.
3. The membership registration contract shall be deemed concluded at the time when the Mall’s acceptance reaches the member.
4. In case of any changes in the registered information pursuant to Article 15(1), the member shall notify the Mall of such changes immediately by e-mail or other means.

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Article 7 (Withdrawal from Membership and Loss of Qualification)

1. A member may request withdrawal from the Mall at any time, and the Mall shall process the withdrawal immediately.
2. If a member falls under any of the following, the Mall may restrict or suspend the member’s qualification:
   1. Where false information is registered at the time of application for membership
   2. Where the member fails to pay the price of Goods, etc. purchased through the Mall or other debts owed in connection with the use of the Mall on the due date
   3. Where the member interferes with others’ use of the Mall or misappropriates their information, thereby disturbing the order of electronic commerce
   4. Where the member uses the Mall to engage in acts prohibited by law or these Terms and Conditions, or acts contrary to public order and morals
3. If, after restricting or suspending membership, the same act is repeated two (2) or more times or the cause is not remedied within thirty (30) days, the Mall may lose the member’s qualification.
4. When the Mall loses a member’s qualification, it shall delete the member’s registration. In such case, the Mall shall notify the member and grant the member an opportunity to present his/her case for at least thirty (30) days prior to deletion.

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Article 8 (Notice to Members)

1. When giving notice to a member, the Mall may do so via the e-mail address designated in advance by the member and agreed upon with the Mall.
2. For notices to an unspecified large number of members, the Mall may substitute individual notice by posting on the Mall’s bulletin board for at least one (1) week. However, matters that have a significant impact on a member’s own transactions shall be notified individually.

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Article 9 (Purchase Application)

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Article 10 (Formation of Contract)

1. The Mall may refuse to accept a purchase application under Article 9 if it falls under any of the following. However, if the contract is concluded with a minor, the Mall shall notify that the contract may be canceled by the minor or his/her legal representative if consent from the legal representative is not obtained.
   1. Where there is false information, omission, or error in the application
   2. Where a minor applies to purchase Goods, etc. such as tobacco or alcohol, which are prohibited to minors under the Juvenile Protection Act
   3. Where it is deemed that acceptance of the purchase application would cause significant technical difficulties to the Mall
2. The contract is deemed formed at the time when the Mall’s acceptance reaches the user in the form of a notice of receipt confirmation under Article 12(1).
3. The Mall’s indication of acceptance shall include information on confirmation of the user’s purchase application, availability of the Goods, etc., and details on correction or cancellation of the purchase application.

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Article 11 (Payment Methods)

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Article 12 (Notice of Receipt, Change and Cancellation of Purchase Application)

1. When a user makes a purchase application, the Mall shall send a notice of receipt confirmation to the user.
2. Upon receiving the notice of receipt confirmation, the user may request change or cancellation of the purchase application immediately if there is any discrepancy in his/her expression of intent, and the Mall shall process such request without delay if the Goods, etc. have not yet been shipped. However, if the payment has already been made, the provisions on withdrawal of offer, etc., in Article 15 shall apply.

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Article 13 (Supply of Goods, etc.)

1. Unless otherwise agreed separately with the user, the Mall shall take necessary measures such as order production and packaging so that the Goods, etc. can be shipped within seven (7) days from the date the user makes the offer. However, if the Mall has already received all or part of the price of the Goods, etc., it shall take measures within two (2) business days from the date of receipt of all or part of the payment. In such case, the Mall shall take appropriate measures so that the user can check the procedures and progress of the supply of Goods, etc.
2. The Mall shall specify the shipping method, the party responsible for shipping costs by method, and the shipping period by method for Goods, etc. purchased by users. If the Mall exceeds the agreed shipping period, it shall compensate the user for any damage caused thereby. However, this shall not apply if the Mall proves that there was no intention or negligence.

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Article 14 (Refund)

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Article 15 (Withdrawal of Offer, etc.)

1. A user who has concluded a contract with the Mall for the purchase of Goods, etc. may withdraw his/her offer within seven (7) days from the date of receipt of the notice of receipt confirmation.
2. In the event that the user receives the Goods, etc., the user may not return or exchange them in the following cases:
   1. Where Goods, etc. have been destroyed or damaged due to a reason attributable to the user (provided, however, that withdrawal of offer is permitted if the packaging has been damaged only to the extent necessary to check the contents of the Goods, etc.)
   2. Where the value of Goods, etc. has significantly decreased due to the user’s use or partial consumption
   3. Where the value of Goods, etc. has significantly decreased to the extent that resale is difficult due to the lapse of time
   4. Where the packaging of the original Goods, etc. has been damaged in the case that Goods, etc. with the same performance can be reproduced
3. Notwithstanding Paragraph 2(2) to (4), if the Mall has not clearly stated in an easily visible place that withdrawal of offer is restricted or has not provided a trial product, the user’s withdrawal of offer shall not be restricted.
4. Notwithstanding Paragraphs 1 and 2, if the contents of Goods, etc. differ from what was indicated or advertised, or are performed contrary to the contract, the user may withdraw his/her offer within three (3) months from the date of receipt of the Goods, etc., or within thirty (30) days from the date the user knew or could have known such fact.

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Article 16 (Effects of Withdrawal of Offer, etc.)

1. When the Mall receives the returned Goods, etc. from the user, it shall refund the price received within three (3) business days. If the Mall delays the refund, it shall pay delay interest calculated by applying the delay interest rate prescribed and announced by the Korea Fair Trade Commission for the delay period.
2. When refunding the price, if the user has paid by credit card, electronic money, etc., the Mall shall promptly request the business operator that provided such payment method to suspend or cancel the billing for the price of the Goods, etc.
3. In case of withdrawal of offer, etc., the user shall bear the cost of returning the Goods, etc. The Mall shall not claim penalty or damages against the user for withdrawal of offer, etc. However, if withdrawal of offer, etc. is made because the Goods, etc. differ from what was indicated or advertised, or are performed contrary to the contract, the Mall shall bear the cost of returning the Goods, etc.
4. If a user has borne the shipping cost when receiving the Goods, etc., the Mall shall clearly indicate who bears such cost in case of withdrawal of offer, so that the user can easily understand.

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Article 17 (Protection of Personal Information)

1. When collecting user information, the Mall shall limit itself to the minimum information necessary to fulfill the purchase contract. The following shall be required items and any other items shall be optional:
   1. Name
   2. Resident registration number (for members) or alien registration number
   3. Address
   4. Telephone number
   5. Desired ID (for members)
   6. Password (for members)
   7. E-mail address (or mobile phone number)
2. When the Mall collects personal information that can identify an individual user, it shall obtain the user’s consent.
3. The Mall shall not use the personal information provided for any purpose other than the intended purpose or provide it to a third party without the user’s consent, and the Mall shall bear all responsibility for any violation. However, exceptions are made in the following cases:
   1. Where the minimum user information (name, address, telephone number) necessary for delivery is provided to the delivery company
   2. Where the information is provided in a form in which a specific individual cannot be identified, for the purpose of statistics, academic research or market research
   3. Where necessary for settlement of the price arising from the transaction of Goods, etc.
   4. Where necessary for identity verification to prevent fraud
   5. Where required by law or unavoidably necessary pursuant to legal provisions
4. When the Mall is required to obtain consent from the user under Paragraphs 2 and 3, it shall clearly state or notify in advance the identity of the personal information manager (affiliation, name and telephone number, and other contact information), the purpose of collection and use of information, and matters concerning provision of information to third parties (recipient, purpose of provision, and details of information to be provided), as prescribed in Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the user may withdraw his/her consent at any time.
5. Users may at any time request access to or correction of their personal information held by the Mall, and the Mall has an obligation to take necessary measures without delay. If a user requests correction of an error, the Mall shall not use such personal information until the error is corrected.
6. The Mall shall limit the number of administrators handling personal information to the minimum necessary to protect personal information and shall bear all responsibility for any damage incurred by users due to loss, theft, leakage or alteration of users’ personal information, including credit card or bank account information.
7. When the purpose of collection or provision of personal information has been achieved, the Mall or any third party that received such personal information from the Mall shall immediately destroy the personal information.

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Article 18 (Obligations of the Mall)

1. The Mall shall not engage in acts prohibited by law or these Terms and Conditions or acts contrary to public order and morals, and shall use its best efforts to continuously and stably provide Goods, etc. as set out in these Terms and Conditions.
2. The Mall shall establish a security system to protect users’ personal information (including credit information) so that users can safely use internet services.
3. If the Mall causes damage to users by conducting unfair labeling or advertising acts as stipulated in Article 3 of the Act on Fair Labeling and Advertising in relation to Goods, etc., the Mall shall be liable for compensation.
4. The Mall shall not send commercial advertising e-mails for profit to users who do not wish to receive them.

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Article 19 (Obligations Regarding Member ID and Password)

1. Except as provided in Article 17, the responsibility for managing ID and password lies with the member.
2. Members shall not allow any third party to use their ID or password.
3. If a member becomes aware that his/her ID or password has been stolen or is being used by a third party, he/she shall immediately notify the Mall and follow the Mall’s instructions, if any.

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Article 20 (User Obligations)

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Article 21 (Relationship Between Linking Mall and Linked Mall)

1. When the upper-level Mall and the lower-level Mall are connected through methods such as hyperlinks (e.g. text, images, or videos as hyperlink targets), the former is referred to as the “linking Mall” (website), and the latter as the “linked Mall” (website).
2. If the linking Mall clearly states on its initial screen or at the point of connection that it does not guarantee transactions between users and the linked Mall for Goods, etc. that the linked Mall independently provides, the linking Mall shall not be liable for such transactions.

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Article 22 (Ownership of Copyright and Use Restrictions)

1. The copyrights and other intellectual property rights to works created by the Mall belong to the Mall.
2. Users shall not use information for which the Mall holds intellectual property rights for profit by reproducing, transmitting, publishing, distributing or broadcasting such information, or allow third parties to use it, without the prior consent of the Mall.
3. When the Mall uses copyrights owned by users pursuant to an agreement, the Mall shall notify the relevant user thereof.

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Article 23 (Dispute Resolution)

1. The Mall shall establish and operate a damage compensation handling body in order to reflect users’ legitimate opinions or complaints and to handle compensation for damages.
2. The Mall shall give priority to handling complaints and opinions submitted by users. However, if prompt handling is difficult, the Mall shall immediately inform the user of the reason and the expected schedule for processing.
3. If a user applies for damage relief in connection with an electronic commerce dispute between the Mall and the user, the dispute may be resolved in accordance with the mediation by a dispute mediation body commissioned by the Korea Fair Trade Commission or the governor of a city or province.

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Article 24 (Jurisdiction and Governing Law)

1. Litigation regarding electronic commerce disputes between the Mall and users shall be brought before the court having jurisdiction over the user’s address at the time of filing, and if the user has no address, the user’s place of residence shall determine the exclusive jurisdiction of the district court. However, if the user’s address or residence at the time of filing is not clear, or in the case of a foreign resident, the lawsuit shall be filed in the court having jurisdiction under the Civil Procedure Act.
2. Korean law shall govern lawsuits filed between the Mall and users regarding electronic commerce.

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