Terms of Service
Article 1 (Purpose)
These Terms of Service govern the rights, obligations, and responsibilities between the Dearling cyber mall (the "Mall"), operated by Kiuring Inc. (an e-commerce business operator), and users of the internet-related services (the "Services") the Mall provides.
* These Terms also apply, to the extent not contrary to their nature, to e-commerce conducted via PC communications, wireless networks, and similar means.
Article 2 (Definitions)
1. "Mall" means the virtual place of business that Kiuring Inc. has set up using information and communication facilities such as computers to trade goods or services (the "Goods, etc.") with users, and the term is also used to refer to the business operator running the cyber mall.
2. "User" means any member or non-member who accesses the Mall and receives the Services it provides under these Terms.
3. "Member" means a person who has registered as a member of the Mall and may continuously use the Services provided by the Mall.
4. "Non-member" means a person who uses the Services provided by the Mall without registering as a member.
Article 3 (Posting, Explanation, and Amendment of the Terms)
1. The Mall posts these Terms, its trade name, the name of its representative, the address of its place of business (including an address where consumer complaints can be handled), its telephone number, fax number, and email address, its business registration number, its mail-order business report number, and its privacy officer on the service screen (Settings) of the Dearling cyber mall so that users can easily find them. The content of the Terms may be made available through a linked page.
2. Before a user agrees to the Terms, the Mall provides a separate linked page or pop-up so that the user can understand important provisions such as withdrawal of offers, delivery responsibilities, and refund conditions, and seeks the user's confirmation.
3. The Mall may amend these Terms to the extent that the amendment does not violate applicable laws, including the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Electronic Financial Transactions Act, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Door-to-Door Sales Act, and the Framework Act on Consumers.
4. When the Mall amends the Terms, it announces the effective date and the reasons for the amendment together with the current Terms on the Mall's initial screen from 7 days before the effective date until the day before it. For amendments unfavorable to users, the Mall gives at least 30 days' prior notice and clearly compares the pre- and post-amendment provisions so users can easily understand the changes.
5. Amended Terms apply only to contracts concluded on or after the effective date; contracts concluded before that date remain subject to the previous Terms. However, if a user who has already concluded a contract sends the Mall a request to be governed by the amended Terms within the notice period under paragraph 3 and the Mall consents, the amended Terms apply.
6. Matters not provided for in these Terms and the interpretation of these Terms follow the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the consumer protection guidelines for e-commerce set by the Korea Fair Trade Commission, other applicable laws, and commercial practice.
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) Delivering goods or services for which purchase contracts have been concluded
(3) Other tasks determined by the Mall
2. If goods or services become unavailable or technical specifications change, the Mall may change the goods or services to be provided under future contracts, in which case it immediately announces the changed goods or services and the date they become available where the current content is posted.
3. If the Mall needs to change the Services it has contracted to provide due to unavailability of goods or changes in technical specifications, it immediately notifies users at an address where notice is possible.
4. In the case of the preceding paragraph, the Mall compensates users for damages incurred, unless the Mall proves it acted without intent or negligence.
Article 5 (Suspension of Services)
1. The Mall may temporarily suspend the Services due to maintenance, replacement, or breakdown of information and communication facilities, interruption of communications, or similar reasons.
2. The Mall compensates users or third parties for damages caused by a temporary suspension under paragraph 1, unless the Mall proves it acted without intent or negligence.
3. If the Services can no longer be provided due to a change of business, abandonment of business, or merger between businesses, the Mall notifies users in the manner set out in Article 8 and compensates consumers under the conditions originally presented by the Mall. If the Mall has not announced compensation standards, it pays users the value of their mileage or credits in kind or in cash equivalent to the currency value used in the Mall.
Article 6 (Membership Registration)
1. A user applies for membership by filling in member information on the form provided by the Mall and expressing agreement to these Terms.
2. The Mall registers as members those users who apply for membership under paragraph 1, unless any of the following applies.
(1) The applicant previously lost membership under Article 7(3); however, this does not apply to a person for whom 3 years have passed since losing membership under Article 7(3) and who has obtained the Mall's consent to re-registration.
(2) The registration contains false, missing, or erroneous information.
(3) Registering the applicant as a member is otherwise judged to cause significant technical difficulty for the Mall.
3. The membership contract is formed when the Mall's acceptance reaches the member.
4. Members must notify the Mall of any change to their registered information within a reasonable period by updating their member information.
Article 7 (Membership Withdrawal, Loss of Qualification, etc.)
1. A member may request withdrawal at any time, and the Mall processes it immediately.
2. The Mall may restrict or suspend membership if a member falls under any of the following.
(1) Registering false information when applying for membership
(2) Failing to pay, by the due date, the price of goods, etc. purchased through the Mall or other debts the member owes in connection with use of the Mall
(3) Threatening the order of e-commerce, such as interfering with others' use of the Mall or misusing their information
(4) Using the Mall to commit acts prohibited by law or these Terms or contrary to public order and good morals
3. If the same conduct is repeated twice or more after the Mall restricts or suspends membership, or the cause is not corrected within 30 days, the Mall may revoke membership.
4. When revoking membership, the Mall cancels the member registration, notifies the member, and provides at least 30 days before cancellation to explain.
Article 8 (Notice to Members)
1. The Mall may give notice to a member at the email address designated in advance by agreement with the member.
2. For notices to unspecified members, the Mall may post on its bulletin board for at least one week in lieu of individual notice, except for matters that materially affect the member's own transactions, which are notified individually.
Article 9 (Purchase Requests and Consent to Provide Personal Information)
1. Users request purchases on the Mall by the following or similar methods, and the Mall must provide each of the following in an easy-to-understand way when users make purchase requests.
(1) Searching for and selecting goods, etc.
(2) Entering the recipient's name, address, phone number, email address (or mobile phone number), etc.
(3) Confirming the Terms, services for which the right of withdrawal is restricted, and costs such as delivery and installation fees
(4) Indicating agreement to these Terms and confirming or declining the matters in item (3) above (e.g., mouse click)
(5) Requesting the purchase of goods, etc. and confirming it, or consenting to the Mall's confirmation
(6) Selecting a payment method
2. If the Mall needs to provide a buyer's personal information to a third party, it informs the buyer of (i) the recipient, (ii) the recipient's purpose of use, (iii) the items provided, and (iv) the recipient's retention and use period, and obtains consent (the same applies when the consented matters change).
3. If the Mall entrusts a third party with handling a buyer's personal information, it informs the buyer of (i) the entrusted party and (ii) the entrusted work, and obtains consent (the same applies when the consented matters change). However, where entrustment is necessary for performing the service contract and relates to the buyer's convenience, notice through the privacy policy in the manner prescribed by the Act on Promotion of Information and Communications Network Utilization suffices.
Article 10 (Formation of Contract)
1. The Mall may decline to accept a purchase request under Article 9 if any of the following applies. However, when contracting with a minor, the Mall must give notice that the minor or their legal representative may cancel the contract if the legal representative's consent is not obtained.
(1) The request contains false, missing, or erroneous information.
(2) A minor purchases goods or services prohibited by the Juvenile Protection Act, such as tobacco or alcohol.
(3) Accepting the purchase request is otherwise judged to cause significant technical difficulty for the Mall.
2. The contract is deemed formed when the Mall's acceptance reaches the user in the form of the receipt confirmation under Article 12(1).
3. The Mall's acceptance includes confirmation of the purchase request, availability, and information on correcting or canceling the request.
Article 11 (Payment Methods)
Payment for goods or services purchased on the Mall may be made by any available method among the following. However, the Mall may not charge any additional fee of any name on the price of goods, etc. for the user's payment method.
(1) Account transfers such as phone banking, internet banking, and mail banking
(2) Card payments such as prepaid cards, debit cards, and credit cards
(3) Online direct deposit (without a bankbook)
(4) Payment by electronic money
(5) Payment on receipt
(6) Payment with points issued by the Mall, such as mileage
(7) Payment with gift certificates contracted with or recognized by the Mall
(8) Payment by other electronic payment methods, etc.
Article 12 (Receipt Confirmation, Change and Cancellation of Purchase Requests)
1. The Mall sends a receipt confirmation when a user makes a purchase request.
2. A user who receives the confirmation may request a change or cancellation immediately if there is any inconsistency, and the Mall processes the request without delay if made before delivery. If payment has already been made, the withdrawal provisions of Article 15 apply.
Article 13 (Supply of Goods, etc.)
1. Unless otherwise agreed, the Mall takes necessary measures such as custom production and packaging so that goods can be delivered within 7 days from the date of the offer. If the Mall has already received all or part of the payment, it acts within 3 business days of receipt. The Mall takes appropriate measures so users can check the supply procedure and progress.
2. The Mall specifies the delivery method, who bears the delivery cost per method, and the delivery period per method. If the Mall exceeds the agreed delivery period, it compensates the user's damages, unless it proves it acted without intent or negligence.
Article 14 (Refunds)
When the Mall cannot deliver or provide goods requested by a user due to sell-out or similar reasons, it notifies the user of the reason without delay, and if payment was received in advance, refunds it or takes necessary measures within 3 business days from receipt.
Article 15 (Withdrawal of Offer, etc.)
1. A user who has concluded a purchase contract with the Mall may withdraw the offer within 7 days from receiving the written contract document under Article 13(2) of the Act on Consumer Protection in Electronic Commerce (or, where the goods were supplied later than that document, from the day the goods were received or their supply began). Where that Act provides otherwise, its provisions prevail.
2. The user may not return or exchange goods already delivered in any of the following cases:
(1) The goods were lost or damaged due to a cause attributable to the user (however, if the packaging was damaged to check the contents of the goods, the user may still withdraw the offer)
(2) The value of the goods has significantly decreased due to the user's use or partial consumption
(3) The value of the goods has significantly decreased over time to the extent that resale is difficult
(4) The packaging of the original goods has been damaged, where the goods can be reproduced as goods with the same performance
3. In the cases of paragraph 2 items 2 through 4, withdrawal is not restricted unless the Mall clearly indicated the restriction in advance where consumers could easily see it or provided a trial product.
4. Notwithstanding paragraphs 1 and 2, if the goods differ from the display or advertisement or the contract was performed differently from its terms, the user may withdraw within 3 months from receipt, or within 30 days from the day the user knew or could have known.
Article 16 (Effect of Withdrawal)
1. The Mall refunds payment within 3 business days of receiving returned goods. Any delayed refund accrues interest for the period of delay at the rate set by Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce.
2. Where payment was made by credit card or electronic money, the Mall requests the payment provider without delay to suspend or cancel the billing.
3. The user bears the cost of returning goods for a withdrawal. The Mall does not claim penalties or damages for the withdrawal. However, if the withdrawal results from goods differing from the display or advertisement or from performance different from the contract, the Mall bears the return cost.
4. If the user paid a delivery fee when receiving the goods, the Mall clearly indicates who bears that cost upon withdrawal.
Article 17 (Privacy Protection)
1. The Mall collects the minimum personal information necessary to provide the Services.
2. The Mall does not collect in advance information needed to perform purchase contracts at registration, except minimum specific information required for identity verification under applicable law before a purchase contract.
3. When collecting and using personal information, the Mall notifies the user of the purpose and obtains consent.
4. The Mall does not use collected information for other purposes; when a new purpose arises or information is provided to a third party, the Mall notifies the user and obtains consent at that stage, except as otherwise provided by law.
5. Where consent is required under paragraphs 2 and 3, the Mall specifies or notifies in advance the identity of the privacy officer (department, name, phone, other contact), the purpose of collection and use, and matters related to third-party provision (recipient, purpose, items), as required by Article 22(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; the user may withdraw consent at any time.
6. Users may request access to and correction of errors in their personal information at any time, and the Mall must act without delay. When a correction is requested, the Mall does not use the information until corrected.
7. The Mall limits the persons handling users' personal information to a minimum and bears full responsibility for damages caused by loss, theft, leakage, unauthorized third-party provision, or alteration of users' personal information, including credit cards and bank accounts.
8. The Mall and any third party receiving personal information destroy it without delay once the purpose of collection or provision is achieved.
9. The Mall does not pre-select consent boxes for the collection, use, or provision of personal information; it specifies the services restricted if consent is declined, and does not restrict or refuse registration or services for declining consent to non-essential items.
Article 18 (Obligations of the Mall)
1. The Mall does not commit acts prohibited by law or these Terms or contrary to public order and good morals, and does its best to provide goods and services continuously and stably under these Terms.
2. The Mall maintains a security system to protect users' personal information (including credit information) so users can use the internet services safely.
3. The Mall is liable for damages users incur from unfair display or advertising under Article 3 of the Act on Fair Labeling and Advertising.
4. The Mall does not send commercial emails the user does not want.
Article 19 (Obligations for Member ID and Password)
1. Except as provided in Article 17, members are responsible for managing their ID and password.
2. Members must not let third parties use their ID and password.
3. A member who learns that their ID or password has been stolen or is being used by a third party must immediately notify the Mall and follow its guidance.
Article 20 (Obligations of Users)
Users must not engage in any of the following acts:
1. Registering false information when applying or making changes
2. Misappropriating another person's information
3. Altering information posted on the Mall
4. Transmitting or posting information (such as computer programs) other than information designated by the Mall
5. Infringing intellectual property rights, such as copyrights, of the Mall or third parties
6. Damaging the reputation of, or interfering with the business of, the Mall or third parties
7. Disclosing or posting on the Mall obscene or violent messages, images, sounds, or other information contrary to public order and good morals
Article 21 (Relationship Between Linking and Linked Malls)
1. Where an upper mall and a lower mall are connected by hyperlinks (including text, images, and video), the former is the linking mall (website) and the latter the linked mall (website).
2. The linking mall bears no warranty liability for transactions a user conducts with the linked mall over goods the linked mall independently provides, where this is stated on the linking mall's initial screen or in a pop-up at the point of connection.
Article 22 (Ownership and Restriction of Use of Copyright)
1. Copyright and other intellectual property rights in works created by the Mall belong to the Mall.
2. Users must not, without the Mall's prior consent, use for profit or let third parties use information obtained through the Mall in which intellectual property rights belong to the Mall, by reproduction, transmission, publication, distribution, broadcasting, or other means.
3. The Mall notifies the user when using a copyright belonging to the user under an agreement.
Article 23 (Dispute Resolution)
1. The Mall establishes and operates a damage compensation body to reflect legitimate opinions and complaints raised by users and to compensate for damages.
2. The Mall handles complaints and opinions submitted by users with priority. If prompt handling is difficult, the Mall immediately informs the user of the reason and the processing schedule.
3. Where a user applies for relief regarding an e-commerce dispute between the Mall and the user, the dispute may be subject to mediation by the Korea Fair Trade Commission or a dispute mediation agency commissioned by a city/provincial governor.
Article 24 (Jurisdiction and Governing Law)
1. Lawsuits over e-commerce disputes between the Mall and a user are subject to the exclusive jurisdiction of the district court over the user's address at the time of filing, or residence if there is no address. If the user's address or residence is unclear at filing, or the user resides abroad, the competent court under the Civil Procedure Act applies.
2. The laws of the Republic of Korea apply to e-commerce lawsuits between the Mall and users.
[Business Information]
Company: Kiuring Inc.
Representative: Sanghyun Choi
Address: 2F 665A, 47, Gangnam-daero 112-gil, Gangnam-gu, Seoul, Republic of Korea (Nonhyeon-dong)
Business Registration No.: 780-86-03806
Mail-Order Business Report No.: 2024-Seoul Gangnam-00726
Email: contact@dearling.ai