Chapter 1. General Provisions
Article 1 (Purpose)
These Terms and Conditions of Playgoods Shopping Service (hereinafter referred to as "Terms and Conditions") governs the rights, obligations and responsibilities of the parties using e-commerce related services and other services (hereinafter collectively referred to as "Services") provided by Tmise Co., Ltd. It is intended for regulation. Tmise Co., Ltd. (hereinafter referred to as the "Company") uses a device such as a smartphone through the "Playgoods" internet shopping site (www.Playgoods.shop) operated by the company (hereinafter referred to as "Playgoods") to comply with these Terms and Conditions. It is to promote mutual development by exercising and fulfilling the rights and duties we seek.
Article 2 (Disclosure, Validity and Amendment of the T&C)
1. The Company will disclose the T&C on the initial landing page or connecting page of Playgoods to help Members to check the T&C, together with the name, place of business, the name of representative(s), business registration number and contact numbers (telephone and facsimile numbers, email address, etc.) of the Company.
2. The Company may amend the T&C to the extent permitted by the Regulation of Standardized Contracts Act, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act concerning Promotion of Utilization of Information and Communications Networks and Protection of Information, etc., the Protection of Consumers in e-commerce and Other Transactions Act (“e-Commerce Act”), and the Electronic Financial Transactions Act, and any other applicable laws.
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 landing page of Playgoods, together with the then current T&C, the effective date of and the reasons for the amendment, all of which will be posted for a 14-day period until the date immediately preceding the effective date; provided that any amended terms that are material or disadvantageous to the buying Members shall be posted and individually notified to the buying Members for a 30-day period until the date immediately preceding the effective date thereof. Amended terms and conditions shall not be applied retroactively before the effective date thereof.
Article 3 (Definitions)
1. Capitalized terms used herein shall have the following meaning:
1) “Member” means a natural or juridical person that has provided personal information to be registered with Playgoods as a member, as classified as follows:
General Member (Buyer): an individual of 14 full years old or older, or a company, each entitled to use shopping services provided by the Company
2) “Member ID” means a combination of letters and numbers chosen by a Member, approved by and registered with the Company, for purposes of identification and use of the Services.
3) “Password” means a combination of letters and numbers chosen and registered with the Company by a Member, to verify the Member’s identity and protect the Member’s rights, interests and confidential information.
4) “Operator” means the person appointed by the Company to be responsible for overall management and smooth operation of the Services provided by the Company.
5) The term "goods discount" means a discount on goods sold by the company at a discounted price within the usage fee with the company.
6) "Coupon" means an online coupon (limited to a transaction with the Company) specifying the discounted amount or rate when a Member purchases goods through the Company's services.
2. Any terms not defined in Section 3.1 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) Purchase-related support
ii) Product information search services
iii) Other e-commerce related services
2) Services for the execution of advertisement and promotion
Chapter 2. User Agreement and Data Protection
Article 5 (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 shopping services, from a person who intends to use the shopping services provided by the Company. The Company will notify its intent to accept the application by disclosure of such intent on the relevant webpage for the Services or by email or otherwise.
2. A person who intends to use the shopping services shall agree to the T&C and enter necessary information in the form application for membership as provided by the Company.
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 anyone 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 regulations.
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 acceptance by the Company is received by the Member.
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;
2) if the name and ID in the application are the same as those of an existing Member;
3) if reapplied by a Member that is subject to the membership suspension or other action by the Company, during the suspension or other applicable period;
4) if the facilities/equipment cannot afford or if there is technical difficulty; and
5) if the application is found to be unlawful, unfair or in violation of the T&C, or if it is deemed necessary to do so in the Company’s reasonable judgment.
Article 6 (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 applying for the membership, the Member must immediately update the information. As a general rule, a Member’s name, ID and resident registration number and the like may not be changed, unless permitted by applicable laws and regulations.
2. Notification to the Member by the Company shall be considered complete when the notice is delivered to the address or e-mail address provided by the Member. 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 any purpose other than its operation of the Services as consented to by the Member. If a new purpose of use arises or for the disclosure of the information to a third party, the Company shall notify the purpose(s) of use or disclosure of the Member’s information (as the case may be) and obtain separate consent from the Member in the phase of the use or disclosure of the Member’s information; provided that this shall not be the case if prescribed otherwise by applicable laws and regulations.
4. The Company shall not pre-check the consent box for the collection, use, and provision of personal information as a default. The Company shall also enumerate the services that will be limited to the Member should the Member refuse to consent to the collection, use and provision of personal information, and the Company shall not limit or refuse to provide membership service to any Member who wishes to use the shopping services on the account of the Member refusing to provide consent to the disclosure of any non-essential personal information.
Article 7 (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 and each user 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 Password, that occurs due to a cause that is not attributable to the Company.
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 Company thereof and the Company shall exert its best efforts to handle the situation promptly.
Article 8 (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 through the applicable service webpage; provided that the Member shall have taken necessary actions to consummate any and all transactions at least seven (7) days prior to the date of the termination notice.
2) A Member shall be solely responsible for any disadvantageous consequences arising out of a termination notice sent within the said period, and upon termination of the User Agreement, the Company may withdraw all benefits additionally granted to the Member by the Company.
3) If a Member who has terminated the User Agreement intends to use the Services later again, the Member’s use of the Services will not be permitted unless the Member notifies the Company of his/her/its new intent to use the Services and the Company accepts the offer.
2. Termination by the Company:
1) The Company may terminate the User Agreement if any of the following occurs or is found to have occured:
i) If a Member infringes upon or causes damage to rights, reputation, credit or any other legitimate interest of any other Member or a third party, or violates any laws and regulations of the Republic of Korea or public order and good morals;
ii) If a Member engages in, or tries to engage in any acts which impede the proper processing of the Services provided by the Company;
iii) If it is found that there is a reason for refusal pursuant to Section 5.5 hereof; or
iv) If a Member otherwise engages in any acts in breach of the T&C or in the event of occurrence of any reasons for termination prescribed by the T&C
2) If the Company terminates the User Agreement with a Member, the Company shall notify the Member of its intent of termination by disclosing the reason(s) for termination by e-mail, by phone or by orher means. The User Agreement shall be terminated at the time when the Company’s intent of termination is received by the Member; provided that, in such a case, the Company may give the Member an opportunity to express his or her opinion with respect to the reason(s) for such termination.
3) Even if the Company terminates the User Agreement, pursuant to his Section, the T&C shall continue to apply with respect to the consummation of a sale and purchase contract entered into on or before the termination.
4) When the User Agreement is terminated pursuant to this Section, the Company may withdraw all benefits additionally granted to the Member by the Company.
5) If the User Agreement is terminated pursuant to this Section, the Company may refuse to accept the Members’ re-application.
Article 9 (Term and Suspension of Provision of the Services)
1. The term of the provision of the Services will begin from the date on which the application for use of the Services is filed, and end on the date of termination of the User Agreement.
2. The Company may suspend its provision of the Services temporarily upon the occurrence of a justifiable event, including without limitation, the maintenance, repair, examination, replacement of information and communications facilities (such as computers), or if such facilities are out of order; provided that the fact and reasons for temporary suspension of the Services shall be notified on the initial landing page of Playgoods.
3. The Company may restrict or temporarily suspend its provision of the Services if it is unable to provide the Services due to an act of God or a force majeure event equivalent thereto.
Article 10 (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., service usage fees) pursuant to its internal policies.
Chapter 3. Use of Shopping Services of Playgoods
Article 11 (Execution of Contracts and Payment of Purchase Prices)
1. The sales contract is established by the member applying for the purchase of the product according to the sales terms and conditions presented by the company and the company accepting the buyer's application.
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 liabilities and disadvantages arising out of the information entered by the Buyer in relation to the payment of the purchase price.
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 order is placed.
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 Shopping Details,” and will provide guidance on how to cancel the contract and the relevant procedures.
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 Company), any basic usage fees, discount coupons applicable to the particular item, delivery fees, details of an option (in the case of an option item) and so on.
The proof of purchase (i.e., cash payment receipts, tax invoices, credit card sales slips, etc.) will be issued to show the amount of the actual purchase price.
Article 12 (Delivery)
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 shall take the necessary actions for delivery within three business days of receipt of the Buyer's payment or payment confirmation notice.
3. Days that cannot be delivered due to unavoidable reasons such as natural disasters are not included in the delivery period.
4. If the update of the delivery status is delayed due to the buyer's failure to confirm receipt after the company delivers, the company may request the buyer to confirm receipt within two weeks. Subsequently, if the buyer does not confirm receipt despite the company's request, the transaction status may automatically switch to "Delivery Completed" after 3 days, in which case the buyer may report not received the item.
Article 13 (Cancellation)
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 delivery, it will be handled pursuant to the procedures for return of purchased goods.
2. If an application for cancellation is received after a Member’s completion of payment and while shipping is arranged or pending shipping, the cancellation of the order will be immediately processed, absent special circumstances.
3. In the case of cancellation of an order when the order is ready for shipping, if the purchased items have already been shipped at the time when the cancellation application is received, as a general rule, the Buyer shall bear the fees for both delivery and return of the shipped items, and such procedures shall follow the procedures for return of purchased goods rather than the procedure for cancellation of purchased goods.
4. Refunds due to cancellation processing will be cancelled immediately upon completion of the cancellation process, and cash will be refunded to the member's account within 7 business days.
Article 14 (Return)
1. A Member may demand a return (“Return”) of the Company’s items from the time when such items are shipped by the Company within seven (7) days after receipt of the delivery pursuant to applicable laws and regulations.
2. General terms and conditions for returns shall take precedence over related laws such as the Electronic Commerce Act.
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 attributable -- e.g., in the case of simple change of Buyer’s mind, the Buyer shall bear the Return Costs, while in the case of a defect in the purchased items, the Company shall bear the Return Costs.
4. When applying for the Return, if the Buyer does not fill out the return invoice number or accurately notify (orally or in writing) the Company of the reason(s) for the Return, the Return and refund process may be delayed.
5. As for the refund following the Return, after the returned item is received by the Company 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; provided that taking the type and size of transaction, and credit rating of the buyer, etc. into consideration, the Company may promptly provide the buying Member with refund services (the “Fast Refund Services”) even before the selling Member confirms the receipt of return once the Company finds that the buying Member has delivered the goods for return. In this case, when it is found that the buying Member has been refunded by using the Fast Refund Services despite non-existence of any justifiable reason for the Return, the Company is entitled to claim the buying Member to return the refunded amount or deduct the refunded amount from the deposit of the buying Member such as Smile Cash, etc., and take measures as set forth in Article 31 against the buying Member who has been refunded by fraud or otherwise illegally. The Company shall publish detailed Fast Refund Services policy at a separate [Service Screen].
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.
Article 15 (Exchange)
1. A Member may request an exchange of the Company’s items from the time such items are shipped by the Company within seven (7) days after receipt of the delivery pursuant to applicable laws and regulations.
2. Even if an exchange is requested, an exchange may not be possible if the Company has no stock for the exchange, and in such case, the request for exchange will be processed as a Return.
3. Costs and expenses incurred for the exchange (e.g., costs for delivery to and from the Company) shall be borne by the Company in the case of defect in the purchased items, and shall be borne by the Buyer in the case of simple change of mind.
Article 16 (Refund)
1. In the case of occurrence of any event for refund due to the Buyer’s cancellation of purchase or a return of the purchased items, the Company will have payment in cash refunded to the relevant Member’s Account as a cash balance within three (3) business days, and the Company will have the payment by credit card cancelled immediately.
2. As a general rule, refund of payment by credit card can be made only by way of cancellation of such payment.
Article 17 (Exceptions to Return, Exchange or Refund)
In 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;
2) if the value of the item has notably decreased due to use or partial consumption by the Buyer;
3) if the value of the item has notably decreased due to the passage of time so as to make its resale difficult;
Chapter 4. Use of Additional Services of Playgoods
Article 18 (Discount Coupon)
1. The Company or the Company 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. Discount coupons refer to all item discounts, Enuri Coupons (Purchase Coupon) and Buyer Coupons.
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 another; provided that the Company may allow transfer of discount coupons on certain terms and conditions of transfer as prescribed by the Company, in which case the Member may transfer them on such terms and conditions only.
3. Use of discount coupons may be subject to limitations depending on the item or price of 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 general rule, a used discount coupon may be reused; provided that reuse may be impossible in certain cases prescribed by the Company’s internal rules, such as, cancellation of a purchase due to simple change of mind, etc.
Article 19 (Overseas Shipping Service)
1. The Company will provide services to provide assistance in the process of international delivery of products (for which a sale and purchase contract is entered into) through international delivery networks that are in the business partnership with the Company. The stages of international delivery will consist of the following:
1) Domestic Delivery: Service until products purchased by domestic buyers are delivered to the recipient through the domestic delivery network
2) International Delivery: Service until goods purchased by overseas buyers are delivered to the recipient through the overseas delivery network
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 Return due to change of mind of a Buyer will be allowed only up to the stage of domestic delivery. As a general rule, no Return will be allowed once the stage of international delivery commences; provided that, as an exception, if the Company approves an exchange or a Return for a justifiable reason (e.g., an inherent defect in the purchased item, etc.), the purchased item may be returned even though its international delivery has been completed.
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 prove the reasons therefor, e.g., an inherent defect in the purchased item, and if such inherent defect is proved, the Company shall bear all necessary costs and expenses incurred for an exchange or a Return, including without limitation delivery costs, etc.
4. If an exchange or a Return is approved by the Company, the Buyer shall contact the International Delivery Customer Center, return the purchased item through a post office located in the relevant area, and provide evidencing documents (i.e., evidence of delivery costs, etc.) to the Company.
5. The overseas shipping cost is calculated based on the weight of the product listed in the product detail information. If the overseas shipping cost paid at the time of purchase is less than the actual overseas shipping cost, additional payment is required for delivery. If the insufficient overseas shipping cost is not paid within 1 month even after the company's notification 3 times or more, the product is returned to the company or discarded.
6. 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.
7. In the case of return of the purchased item to the Company for the following reason, the Company will notify it to the Buyer by email or otherwise, and, if the purchased item is not picked up by the Buyer, the purchase item will belong to the Company or be discarded:
1) If it is returned because the item cannot be delivered as the address or information on the recipient is inaccurate or unidentifiable, or due to any circumstance attributable to the recipient; 2) If it is returned in the course of customs clearance – e.g., because import of the item to the country of recipient is prohibited; or 3) If it is returned otherwise due to any reason not attributable to the Company.
Chapter 5. Management and Protection of Users
Article 20 (Management of Users)
1. The Company may take the following actions against a Member who has violated the T&C, applicable laws and general principles of commercial transactions:
1) withdrawal of benefits (in part or in whole) provided by the Company additionally;
2) restriction upon the use of certain services;
3) termination of a User Agreement; and
4) bringing a claim for damages.
2. If the Company intends to take any action provided in the foregoing section against the Member, the Company must in advance notify the Member thereof by phone or by email, and if inevitable (such as, if it is impossible to reach such Member or in an emergency situation), the Company may notify the Member after taking the action.
3. The 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 21 (Customer Center)
1. The Company will operate the Customer Center for addressing customer concerns and resolution by mediation of a dispute between Members, or between a Member and a third party.
2. If the Company determines that the complaints and comments submitted by the Members are reasonable, then the Company shall address these concerns as soon as possible, by notifying the Members of the case progress within three (3) business days, and the results of its investigation and remedies within ten (10) business days.
3. Members shall, with sincerity, respond to the mediation process through the Customer Center.
Chapter 6. Miscellaneous
Article 22 (Relationship between Policies other than the T&C and Applicable Laws and Regulations)
1. Any matters not provided in the T&C shall be governed by the e-Commerce Act, any other applicable laws and regulations, and general commercial practices.
2. For transactions executed through the shopping service provided by the Company, the e-Commerce Act and other applicable laws and regulations shall primarily apply to the parties to the transactions, and neither party may claim to be released from its liabilities against the other party in reliance with the T&C.
3. If necessary, the Company may set out separate terms that apply to specific services (“Individual Terms”) and post the Individual Terms on the Playgoods homepage or otherwise for advance notification.
4. Amendment of the Individual Terms provided in Section 37.3 above will be posted for a 14-day period until the date immediately preceding the effective date.
5. Members shall pay attention to any amendment to the T&C and the Individual Terms, and when any amendment thereto is posted, Members shall review and check them.
Article 23 (Disclaimer)
1. 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 party due to temporary suspension of the Services pursuant to Section 9.2.
2. If the Company restricts or suspends the Services pursuant to Section 9.3, the Company shall on grounds of a force majeure event be released from any liability for damages.
3. 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 Member.
4. 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 information to another.
5. Transactions on Mobile Playgoods may not be conducted in real time. Transactions on Mobile Playgoods may be restricted or delayed due to issues with the wireless data service network, etc. used by the Member and the Member’s current location
Article 24 (Jurisdiction)
With regard to any litigation to which the Company is a Party arising out of any disputes related to the T&C or the User Agreement, or any disputes between Members, the jurisdiction thereof shall be prescribed through mutual consultation between the parties thereto, and if there is no prior agreement, the competent court having jurisdiction over such litigation shall be decided in accordance with the Civil Procedure Act.
Article 25 (Others)
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 party.
3. All agreements, memoranda of understanding, notices and other instruments additionally executed between the parties and any and all notices to Members by the Company by posting on Playgoods pursuant to changes in the Company’s policies, enactment and amendment of laws and regulations, public announcements and guidelines of the authorities, and the like, shall constitute part of the T&C.