Terms of Service
Article 1 (Purpose)
These terms and conditions are intended to stipulate the rights, obligations, and responsibilities of the cyber mall and users in using Internet-related services (hereinafter referred to as "services") provided by iStay Cyber Mall (hereinafter referred to as "Mall") operated by iStay Company (e-commerce business operator).
※ "These terms and conditions shall also apply to e-commerce using PC communication, wireless, etc., insofar as they do not contradict their nature."
Article 2 (Definitions)
① "Mall" refers to a virtual business place set up by iStay Company to trade goods or services (hereinafter referred to as "goods, etc.") using computers and other information and communication facilities to provide goods, etc. to users, and is also used to mean the business operator operating the cyber mall.
② "User" refers to members and non-members who access the "Mall" and receive services provided by the "Mall" in accordance with these terms and conditions.
③ "Member" refers to a person who has registered as a member in the "Mall" and can continuously use the services provided by the "Mall".
④ "Non-member" refers to a person who uses the services provided by the "Mall" without joining as a member.
Article 3 (Statement and Explanation of Terms and Conditions and Amendments)
① The "Mall" shall post the contents of these terms and conditions, company name and representative's name, business address (including the address where consumer complaints can be handled), phone number, fax number, email address, business registration number, telecommunications sales business report number, and personal information manager, etc. on the initial service screen (front page) of iStay Cyber Mall so that users can easily know them. However, the contents of the terms and conditions may be made available to users through a linked screen.
② The "Mall" must provide separate linked screens or pop-up screens, etc. so that users can understand important contents such as withdrawal of subscription, delivery responsibility, refund conditions, etc. among the contents stipulated in the terms and conditions before users agree to the terms and conditions, and seek confirmation from users.
③ The "Mall" may amend these terms and conditions within the scope that does not violate related laws such as the "Act on Consumer Protection in Electronic Commerce, etc.", "Act on Regulation of Terms and Conditions", "Framework Act on Electronic Documents and Electronic Transactions", "Electronic Financial Transactions Act", "Electronic Signature Act", "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.", "Act on Door-to-Door Sales, etc.", and "Framework Act on Consumers".
④ When the "Mall" amends the terms and conditions, it shall announce the application date and reasons for amendment along with the current terms and conditions on the initial screen of the mall from 7 days before the application date to the day before the application date. However, when changing the contents of the terms and conditions unfavorably to users, it shall announce with a grace period of at least 30 days in advance. In this case, the "Mall" shall clearly compare the contents before and after the amendment so that users can easily understand.
⑤ When the "Mall" amends the terms and conditions, the amended terms and conditions shall apply only to contracts concluded after the application date, and the terms and conditions before the amendment shall apply as they are to contracts already concluded before that. However, if a user who has already concluded a contract wants to be subject to the amended terms and conditions and sends this intention to the "Mall" within the announcement period of the amended terms and conditions under paragraph 3 and obtains the consent of the "Mall", the amended terms and conditions shall apply.
⑥ Matters not stipulated in these terms and conditions and interpretation of these terms and conditions shall be in accordance with the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, etc., the Consumer Protection Guidelines in Electronic Commerce, etc. determined by the Fair Trade Commission, and related laws and regulations or commercial practices.
Article 4 (Provision and Change of Services)
① The "Mall" performs the following tasks:
1. Providing information on goods or services and concluding purchase contracts
2. Delivery of goods or services for which purchase contracts have been concluded
3. Other tasks determined by the "Mall"
② The "Mall" may change the contents of goods or services to be provided by future contracts in case of shortage of goods or services or changes in technical specifications. In this case, the changed contents of goods or services and the date of provision shall be specified and immediately announced where the current contents of goods or services are posted.
③ When the "Mall" changes the contents of services contracted with users due to reasons such as shortage of goods or changes in technical specifications, it shall immediately notify users of the reasons to an address where notification is possible.
④ In the case of the preceding paragraph, the "Mall" shall compensate for damages incurred by users. However, this shall not apply when the "Mall" proves that there was no intention or negligence.
Article 5 (Suspension of Service)
① The "Mall" may temporarily suspend the provision of services in case of reasons such as maintenance, replacement and failure of computers and other information and communication facilities, and interruption of communication.
② The "Mall" shall compensate for damages incurred by users or third parties due to temporary suspension of service provision for the reasons in paragraph 1. However, this shall not apply when the "Mall" proves that there was no intention or negligence.
③ When services cannot be provided due to reasons such as business conversion, business abandonment, or integration between companies, the "Mall" shall notify users by the method stipulated in Article 8 and compensate consumers according to the conditions originally presented by the "Mall". However, if the "Mall" does not announce compensation standards, etc., it shall pay users' mileage or points, etc. to users in goods or cash equivalent to the currency value used in the "Mall".
Article 6 (Membership Registration)
① Users apply for membership registration by filling out member information according to the registration form set by the "Mall" and expressing their intention to agree to these terms and conditions.
② The "Mall" shall register as members those users who have applied to join as members as in paragraph 1, unless they fall under any of the following:
1. If the applicant has previously lost membership qualification under Article 7, paragraph 3 of these terms and conditions, except when 3 years have passed since the loss of membership qualification under Article 7, paragraph 3 and the applicant has obtained the consent of the "Mall" for re-registration.
2. If there are false, omitted, or incorrect contents in the registration
3. If it is judged that registering as a member would cause significant technical difficulties for the "Mall"
③ The time when the membership registration contract is established shall be when the "Mall's" acceptance reaches the member.
④ If there are changes in the matters registered when joining as a member, the member shall notify the "Mall" of such changes by modifying member information, etc. within a reasonable period.
Article 7 (Member Withdrawal and Loss of Qualification, etc.)
① Members may request withdrawal from the "Mall" at any time, and the "Mall" shall immediately process member withdrawal.
② If a member falls under any of the following reasons, the "Mall" may restrict and suspend membership qualifications:
1. If false information was registered when applying for membership
2. If the member fails to pay on time the price of goods purchased using the "Mall" or other debts borne by the member in relation to using the "Mall"
3. If the member interferes with others' use of the "Mall" or steals their information, thus threatening the order of electronic commerce
4. If the member uses the "Mall" to engage in acts prohibited by laws or these terms and conditions or contrary to public order and morals
5. If a minor under 19 years of age wants to make a usage contract, they must obtain the consent of their legal representative (parents) regarding the usage contract, and the legal representative's expression of consent regarding the usage contract is confirmed by submitting necessary documents determined by the mall to the mall's customer center by email. If a member who is a minor under 19 years of age falsely contracts without the consent of their legal representative, the member themselves or their legal representative may cancel it.
③ After the "Mall" restricts or suspends membership qualifications, if the same act is repeated two or more times or the reason is not corrected within 30 days, the "Mall" may cause the member to lose membership qualification.
④ When the "Mall" causes a member to lose membership qualification, it shall delete the member registration. In this case, it shall notify the member and give them an opportunity to explain by setting a period of at least 30 days before deleting the member registration.
Article 8 (Notice to Members)
① When the "Mall" gives notice to members, it may do so to the email address designated by the member in advance agreement with the "Mall".
② For notice to an unspecified number of members, the "Mall" may substitute individual notice by posting on the "Mall" bulletin board for one week or more. However, individual notice shall be given for matters that have a significant impact on the member's own transactions.
Article 9 (Purchase Application and Consent to Provision of Personal Information, etc.)
① "Mall" users apply for purchases on the "Mall" by the following or similar methods, and the "Mall" must provide the following contents in an easy-to-understand manner when users make purchase applications:
1. Search and selection of goods, etc.
2. Input of recipient's name, address, phone number, email address (or mobile phone number), etc.
3. Confirmation of terms and conditions, services with limited withdrawal rights, and contents related to cost burden such as shipping and installation fees
4. Indication of agreeing to these terms and conditions and confirming or rejecting the matters in item 3 above (e.g., mouse click)
5. Purchase application for goods, etc. and confirmation thereof or consent to confirmation by the "Mall"
6. Selection of payment method
② When the "Mall" needs to provide buyer's personal information to third parties, it must inform buyers of 1) the person receiving the personal information, 2) the purpose of using personal information by the person receiving the personal information, 3) the items of personal information to be provided, 4) the retention and usage period of personal information by the person receiving the personal information, and obtain consent. (The same applies when the consented matters are changed.)
③ When the "Mall" entrusts work to third parties to handle buyers' personal information, it must inform buyers of 1) the person entrusted with handling personal information, 2) the contents of work entrusted with handling personal information, and obtain consent. (The same applies when the consented matters are changed.) However, if it is necessary for contract performance related to service provision and related to improving buyer convenience, the notification and consent procedures do not need to be followed by notifying through the personal information handling policy in the method stipulated in the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc."
④ When the "Mall" changes hosting and transfers, it may register customer information with the transferring hosting company by receiving information of all "users" including dormant members who have not logged in for 1 year from the hosting company and use it for the purpose of managing the continuity of the "Mall's" services.
Article 10 (Establishment of Contract)
① The "Mall" may not accept purchase applications as in Article 9 if they fall under any of the following. However, when concluding a contract with a minor, it must notify that the minor themselves or their legal representative can cancel the contract if they fail to obtain the consent of the legal representative.
1. If there are false, omitted, or incorrect contents in the application
2. If a minor purchases goods and services prohibited by the Youth Protection Act such as tobacco and alcohol
3. If it is judged that accepting the purchase application would cause significant technical difficulties for the "Mall"
② The contract shall be deemed established when the "Mall's" acceptance reaches the user in the form of receipt confirmation notice under Article 12, paragraph 1.
③ The "Mall's" expression of acceptance must include confirmation of the user's purchase application and availability for sale, information on correction and cancellation of purchase applications, etc.
Article 11 (Payment Method)
Payment for goods or services purchased from the "Mall" may be made by any of the following available methods. However, the "Mall" cannot collect any additional fees under any name for the price of goods, etc. for the user's payment method.
1. Various account transfers such as phone banking, internet banking, mail banking, etc.
2. Various card payments such as prepaid cards, debit cards, credit cards, etc.
3. Online bank transfer
4. Payment by electronic money
5. Payment on receipt
6. Payment by points such as mileage paid by the "Mall"
7. Payment by gift certificates contracted with or recognized by the "Mall"
8. Other electronic payment methods, etc.
Article 12 (Receipt Confirmation Notice, Purchase Application Change and Cancellation)
① The "Mall" gives receipt confirmation notice to users when there is a purchase application from users.
② Users who receive receipt confirmation notice may immediately request changes and cancellation of purchase applications after receiving the receipt confirmation notice if there are discrepancies in expression of intention, etc., and the "Mall" must process such requests without delay if there are requests from users before delivery. However, if payment has already been made, it shall follow the provisions on withdrawal of subscription, etc. in Article 15.
Article 13 (Supply of Goods, etc.)
① Unless there is a separate agreement with the user regarding the supply period of goods, etc., the "Mall" shall take necessary measures such as custom manufacturing and packaging to deliver goods, etc. within 7 days from the date the user made the subscription. However, if the "Mall" has already received all or part of the price of goods, etc., it shall take measures within 3 business days from the date of receiving all or part of the price. At this time, the "Mall" shall take appropriate measures so that users can confirm the supply procedures and progress of goods, etc.
② The "Mall" shall specify the delivery method, the bearer of delivery costs by method, and the delivery period by method for goods purchased by users. If the "Mall" exceeds the agreed delivery period, it must compensate for the user's damages caused thereby. However, this shall not apply when the "Mall" proves that there was no intention or negligence.
Article 14 (Refund)
When the "Mall" cannot deliver or provide goods, etc. that users have applied to purchase due to reasons such as out of stock, it shall notify users of the reason without delay, and if it has received the price of goods, etc. in advance, it shall refund or take necessary measures for refund within 3 business days from the date of receiving the price.
Article 15 (Withdrawal of Subscription, etc.)
① Users who have concluded contracts with the "Mall" for the purchase of goods, etc. may withdraw their subscription within 7 days from the date they receive the written contract contents under Article 13, paragraph 2 of the "Act on Consumer Protection in Electronic Commerce, etc." (or from the date goods, etc. are supplied or the supply of goods, etc. begins if the supply of goods, etc. is made later than when the written contract is received). However, if there are other provisions regarding withdrawal of subscription in the "Act on Consumer Protection in Electronic Commerce, etc.", they shall follow the provisions of that law.
② Users cannot return or exchange if they fall under any of the following when they receive goods, etc.:
1. If goods, etc. are lost or damaged due to reasons attributable to the user (however, withdrawal of subscription is possible if packaging, etc. is damaged to check the contents of goods, etc.)
2. If the value of goods, etc. is significantly reduced due to the user's use or partial consumption
3. If the value of goods, etc. is significantly reduced to the extent that resale is difficult due to the passage of time
4. If the packaging of the original goods, etc. is damaged when it is possible to reproduce with goods, etc. of the same performance
③ In the cases of paragraph 2, items 2 to 4, if the "Mall" has not taken measures such as clearly stating in advance in places where consumers can easily know that withdrawal of subscription, etc. is restricted or providing trial products, the user's withdrawal of subscription, etc. shall not be restricted.
④ Notwithstanding the provisions of paragraphs 1 and 2, users may withdraw their subscription, etc. within 3 months from the date they receive the goods, etc. or within 30 days from the date they knew or could have known the fact when the contents of goods, etc. are different from the display and advertisement contents or are performed differently from the contract contents.
Article 16 (Effects of Withdrawal of Subscription, etc.)
① When the "Mall" receives goods, etc. returned from users, it shall refund the price of goods, etc. already paid within 3 business days. In this case, if the "Mall" delays the refund of goods, etc. to users, it shall pay delayed interest calculated by multiplying the delayed interest rate stipulated in Article 21-2 of the "Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, etc." for the delayed period.
② When refunding the above price, if the user has paid the price of goods, etc. by payment methods such as credit cards or electronic money, the "Mall" shall request the business operator who provided the payment method to stop or cancel billing for the price of goods, etc. without delay.
③ In case of withdrawal of subscription, etc., the user shall bear the costs necessary for returning the supplied goods, etc. The "Mall" shall not claim penalty fees or damages from users for reasons of withdrawal of subscription, etc. However, if withdrawal of subscription, etc. is made because the contents of goods, etc. are different from display and advertisement contents or are performed differently from contract contents, the "Mall" shall bear the costs necessary for returning goods, etc.
④ If the user bore shipping costs when receiving goods, etc., the "Mall" shall clearly indicate who bears the costs when withdrawing subscription so that users can easily understand.
Article 17 (Personal Information Protection)
① The "Mall" shall collect the minimum personal information necessary within the scope required for service provision when collecting users' personal information.
② The "Mall" shall not collect information necessary for purchase contract performance in advance when members join. However, this does not apply when collecting minimum specific personal information is necessary for identity verification before purchase contracts for compliance with related legal obligations.
③ When the "Mall" collects and uses users' personal information, it shall notify the users of the purpose and obtain consent.
④ The "Mall" cannot use collected personal information for purposes other than the intended purpose, and when new purposes of use arise or when providing to third parties, it shall notify the users of the purpose at the stage of use and provision and obtain consent. However, exceptions apply when related laws stipulate otherwise.
⑤ When the "Mall" needs to obtain users' consent under paragraphs 2 and 3, it must specify in advance or notify the identity of the personal information manager (affiliation, name, phone number, and other contact information), the purpose of information collection and use, matters related to providing information to third parties (recipients, purpose of provision, and contents of information to be provided), etc. as stipulated in Article 22, paragraph 2 of the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.", and users may withdraw this consent at any time.
⑥ Users may request access and error correction for their personal information held by the "Mall" at any time, and the "Mall" has the obligation to take necessary measures without delay. When users request error correction, the "Mall" shall not use the personal information until the error is corrected.
⑦ The "Mall" shall limit those who handle users' personal information to the minimum for personal information protection, and shall bear all responsibility for damages to users due to loss, theft, leakage, provision to third parties without consent, alteration, etc. of users' personal information including credit cards and bank accounts.
⑧ The "Mall" or third parties who receive personal information from it shall destroy the personal information without delay when the purpose of collecting personal information or the purpose of provision is achieved.
⑨ The "Mall" shall not pre-select consent fields for collection, use, and provision of personal information. Also, it shall specifically specify services that are restricted when users refuse consent for collection, use, and provision of personal information, and shall not restrict or refuse to provide services such as membership registration for reasons of users' refusal to consent to collection, use, and provision of personal information that are not mandatory collection items.
Article 18 (Obligations of the "Mall")
① The "Mall" shall not engage in acts prohibited by laws and these terms and conditions or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably according to the provisions of these terms and conditions.
② The "Mall" shall have a security system for protecting users' personal information (including credit information) so that users can safely use internet services.
③ If the "Mall" causes damages to users by engaging in unfair display and advertising acts as stipulated in Article 3 of the "Act on Fair Labeling and Advertising" regarding goods or services, it shall be responsible for compensating them.
④ The "Mall" shall not send commercial advertising emails for profit purposes that users do not want.
Article 19 (Members' Obligations Regarding ID and Password)
① Except for the case of Article 17, the management responsibility for ID and password lies with the member.
② Members shall not allow third parties to use their ID and password.
③ If members realize that their ID and password have been stolen or are being used by third parties, they shall immediately notify the "Mall" and follow the "Mall's" guidance if provided.
Article 20 (Users' Obligations)
Users shall not engage in the following acts:
1. Registering false information when applying or making changes
2. Stealing others' information
3. Changing information posted on the "Mall"
4. Transmitting or posting information (such as computer programs) other than information designated by the "Mall"
5. Infringing on intellectual property rights such as copyrights of the "Mall" or third parties
6. Acts that damage the reputation of the "Mall" or third parties or interfere with their business
7. Disclosing or posting obscene or violent messages, images, sounds, or other information contrary to public order and morals on the mall
Article 21 (Relationship between Linking "Mall" and Linked "Mall")
① When an upper "Mall" and a lower "Mall" are connected by hyperlink (e.g., hyperlink targets include text, pictures, animations, etc.) or similar methods, the former is called the linking "Mall" (website) and the latter is called the linked "Mall" (website).
② The linking "Mall" shall not bear guarantee responsibility for transactions conducted between users and goods, etc. independently provided by the linked "Mall" if it clearly states on the initial screen of the linking "Mall" or on a pop-up screen at the time of connection that it does not bear guarantee responsibility for such transactions.
Article 22 (Attribution and Use Restrictions of Copyrights)
① Copyrights and other intellectual property rights for works created by the "Mall" belong to the "Mall".
② Users shall not use information with intellectual property rights belonging to the "Mall" among information obtained by using the "Mall" for commercial purposes or allow third parties to use it by reproduction, transmission, publication, distribution, broadcasting, or other methods without prior consent from the "Mall".
③ Copyrights and intellectual property rights for posts (user content) such as evaluation scores, reviews, replies, and photos directly written and registered by users belong to the respective users, and users grant the "Mall" the right to use the user content free of charge. In the case of content (e.g., product reviews) that users publicly write and share, the "Mall" may reprocess users' content within the store and quote it permanently for product promotion.
Article 23 (Dispute Resolution)
① The "Mall" shall establish and operate a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and handle compensation for damages.
② The "Mall" shall prioritize handling complaints and opinions submitted by users. However, if prompt processing is difficult, it shall immediately notify users of the reasons and processing schedule.
③ If there is a damage relief application from users regarding e-commerce disputes between the "Mall" and users, they may follow the mediation of dispute mediation organizations commissioned by the Fair Trade Commission or provincial governors.
Article 24 (Point System)
① The "Mall" operates a point and coupon system (hereinafter referred to as "points, etc.") according to the "Mall's" policy.
② The "Mall" may provide points or coupons to members according to policies such as purchasing goods, events, etc.
③ The "Mall" may provide refund amounts as points in case of order cancellation or return of purchased goods, etc. or according to members' requests, etc.
④ Members may use "points, etc." the same as cash when purchasing goods, etc., either alone or in combination with other payment methods, but cannot use them if the "Mall" has announced in advance that use is impossible.
⑤ "Points, etc." shall expire in the following cases:
1. When withdrawing from the "Mall"
2. When the criteria for usage conditions and expiration of points and coupons according to the "Mall's" policy are reached
⑥ Members cannot sell or transfer "points, etc." to others, and if they obtain them fraudulently, the "Mall" may recover the "points, etc." by its authority.
Article 25 (Jurisdiction and Governing Law)
① Lawsuits regarding e-commerce disputes between the "Mall" and users shall be under the exclusive jurisdiction of the district court having jurisdiction over the user's address at the time of filing, or residence if there is no address. However, if the user's address or residence at the time of filing is unclear or if they are foreign residents, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
② Korean law shall apply to e-commerce lawsuits filed between the "Mall" and users.
Supplementary Provisions (Effective Date) These terms and conditions shall take effect from August 10, 2023.