E-commerce Standard Terms and Conditions
Article 1 (Purpose)
These terms and conditions are intended to define the rights, obligations and responsibilities of the user and the cybermall in connection with Internet related services (hereinafter referred to as "Services") provided by the following Internet sites (hereinafter referred to as "Mall") operated by InBody Co., Ltd. (hereinafter referred to as "Company")
1. InBody Store (http://store.inbody.com/)
2. InBodyBAND2 Global sale site (http://inbody.inday.co.kr/)
Article 2 (Definition)
① "Mall" means a virtual business place set up by a company to trade goods and services using information and communication facilities such as computers to provide goods or services (hereinafter referred to as "goods") to users. In addition, It also means an operator who operates a cybermall.
② "User" means a member or non-member who accesses the Mall and receives services provided by the Mall pursuant to these terms and conditions.
③ "Member" means a person who has registered as a member of the "Mall" and who can continue to use the services provided by the Mall.
④ "Non-member" means a person who uses the services provided by the Mall without joining the membership.
Article 3 (Stipulation, Explanation and Amendment of Terms and Conditions)
① The Mall shall include the contents of these terms and conditions, the name of the Company, the name of the representative, the address of the place of business (including the address where the consumer can handle the complaint), the telephone number, the fax number, the e-mail address, the corporate registration number, e-commerce registration number, and privacy officer, and they are posted on the initial service screen of the "Mall" so that users can easily find out. However, the contents of the terms and conditions can be made available to the user through the connection screen.
② Before the user agrees to the terms and conditions, the Mall shall provide a separate connection screen or pop-up screen so that the user can understand important contents such as withdrawal of the application, responsibility of the delivery, refund condition. The Mall must get confirmation of the user.
③ The Mall may amend these Terms and conditions to the extent that they do not violate the relevant laws such as "Act on the Consumer Protection in the Electronic Commerce Transactions", "Regulation of Standardized Contracts Act ", "Electronic Document and Framework Act on Electronic Commerce", "Electronic Financial Transaction Act", "Digital Signature Act", "The Law Regarding the Promotion of Information and Communication Network Use and Protection of Information", "Door to door selling act", "Framework Act on Consumers", etc.
④ In case of amendment of the terms and conditions, the Mall shall specify the applicable date and reasons for revision, and notify it from 7 days prior to application to the 'InBody News' bulletin on the official website (http://www.inbody.com) of the Company along with the current terms and conditions.
⑤ If the terms and conditions are amended, the amended terms and conditions apply only to the contracts entered into after the effective date, and the pre-revision terms and conditions will be applied to those contracts that have already been concluded before that date. However, if the user who has already entered into the contract sends the intention of applying the amended clause to the Mall within the notice period of the amended terms and conditions under Paragraph 3, the amended clause shall apply.
⑥ The matters not specified in these terms and conditions and the interpretation shall be governed by the following laws and regulations:
Act on the Consumer Protection in the Electronic Commerce, Act on the Regulation of Terms and Conditions, Guidelines and legislation provided by Fair Trade Commission and relevant laws and regulation, and Commercial practice.
Article 4 (Service Provision and Change)
① The Mall performs the following tasks
1. Provide information on goods or services and conclude purchase contracts
2. Delivery of goods or services for which a purchase contract has been concluded
3. Other tasks that the Mall defines
② If goods or services are out of stock or there are changes in technical specifications, the Mall may change the contents of the goods or services to be provided by the contract to be concluded in the future. In this case, the Mall specifies the contents and the provision date of the changed goods or services, and immediately notify in the place where the current goods or services are posted.
③ If the Mall changes the contents of the service contracted by the user for reasons such as out of stock of the goods or changes of the technical specifications, the Mall will immediately notify the user of the reason for the change.
④ In the case of the preceding paragraph, the Mall compensates the user for the incurred damages. However, this shall not apply if the Mall proves that there is no intention or negligence.
Article 5 (Service Suspension)
① The Mall may temporarily suspend the provision of services in the event of maintenance, inspection, replacement or breakdown of information and communication facilities such as computers, or loss of communication.
② The Mall compensates the user or the third party for damages incurred due to a temporary interruption of service due to Paragraph 1. However, this shall not apply if the Mall proves that there is no intention or negligence.
③ If a service cannot be provided due to the conversion of the business item, the abandonment of the business, or the integration of the business, the Mall notifies the user in the manner set forth in Article 8 and compensates the customer according to the conditions originally provided by the Mall. However, when the Mall does not notify the compensation standard, the mileage or reserve fund of the user will be paid to the user in cash or in kind equivalent to the current value of the Mall.
Article 6 (Sign up for a membership)
① The user applies for a membership by filling in the member information according to the registration form established by the Mall and by declaring his/her intention to agree to the terms and conditions.
② The Mall will register as a member of the users who have applied for membership according to the Paragraph 1 as long as they do not fall under the following conditions
1. If the applicant has previously lost his/her membership under Article 7 Paragraph 3 of these terms and conditions. However, except for those who have passed three years after the loss of membership under Article 7 Paragraph 3 and have obtained the membership re-entry permit of the Mall.
2. If registration form contains a false, omitted or incorrect record
3. If it is judged that the registration of other members is significantly impeded by the technology of the Mall
③ The time for establishing the membership contract is when the Mall's consent reaches the member.
④ If there is any change in the registered information that has been registered for membership, the member must inform the Mall about the change by a method such as consent for revision of member information within a considerable period.
Article 7 (withdrawal of membership and loss of qualification, etc.)
① Members may request withdrawal at any time in the Mall, and the Mall will immediately process the withdrawal.
② If a member falls under any of the following grounds, the Mall may limit or suspend the membership.
1. If the user registers false information when purchasing goods
2. When a member does not pay for the price of the purchased goods, or does not pay for debts in connection with the Mall on the due date.
3. If the user threatens the order of e-commerce, such as hindering the use of the Mall or illegal use of information
4. In using the Mall, if the user acts against the public order and good morals, or violates laws or these Terms
③ After the Mall has restricted or suspended the user's membership, if the user repeats the same activity more than two times, or if the reason is not resolved within 30 days, the Mall may deprive the user of the membership.
④ In case the Mall deprives the membership, the membership is terminated. In this case, the user will be notified and will be given at least 30 days for a chance to explain prior to the termination of the membership registration.
Article 8 (Notice to Members)
① When the Mall notifies the member, the Mall may notify using the e-mail address specified in advance by agreement between the Mall and the member.
② If the Mall notifies the unspecified number of members, the Mall may post the notice on the bulletin board of the Mal or on the 'InBody News' bulletin board on the official homepage (http://www.inbody.com) for more than 1 week. However, matters that have a significant effect on the transaction of the member are individually notified.
Article 9 (Application for Purchase and Consent to provide privacy, etc.)
① The Mall user applies for the purchase on the Mall by the following methods, and the Mall should make the following contents easy to understand when the user applies for the purchase.
1. Search and selection of goods or etc.
2. Entering the recipient's name, address, e-mail address, mobile phone number, etc.
3. Checking the contents of the terms and conditions, the service with limited right of withdrawal of application, and cost burden related content such as shipping and installation costs
4. An expression that agrees to these terms and conditions and confirms or denies above subparagraph 3 (for example, mouse click)
5. Applying for the purchase of goods and making confirmation on it, or making consent to the Mall's confirmation
6. Select the payment method
② If the Mall needs to provide purchaser's privacy to a third party, the Mall must inform the purchaser of the following and get consent.
1) The person who receives the privacy 2) Purpose of use of the privacy 3) privacy items provided 4) The period of possession and use of the privacy (Same applies when the consent changes.)
③ If the Mall entrusts the third party with the work to process the purchaser's privacy, the Mall must inform the purchaser of the following and get consent.
1) The person who is entrusted with the work of processing of privacy, 2) Contents of the consignment service for processing privacy (Same applies when the consent changes.) However, if it is necessary for the implementation of the contract for the provision of the service and the promotion of the convenience of the purchaser, the notification and consent procedures may be omitted, by notifying the privacy processing policy by the method set forth in the "Promotion of Information and Communication Network Usage and Information Protection Act".
Article 10 (Conclusion of Contract)
① If the purchase application like the description in Article 9 falls under any of the following items, the Mall may not accept it. However, if the Mall enters into a contract with a minor, the Mall must notify the minor that the minor or his/her legal representative can cancel the contract if the minor do not get the consent of his/her legal representative.
1. If the application contains a false, omitted or incorrect record
2. If a minor purchases goods and services prohibited by the Juvenile Protection Act, such as tobacco and alcohol.
3. If it is judged that the acceptance of the purchase application is significantly impeded by the technology of the Mall.
② The contract of the Mall shall be deemed to have been concluded at the time when the consent reaches the user in the form of the acknowledgment notice of Article 12 Paragraph 1.
③ The Mall's declaration of acceptance should include information such as the confirmation of the user's purchase and sale availability, cancellation of the purchase, and so on.
Article 11 (Method of Payment)
Payment methods for goods or services purchased from the Mall can be available from any of the following methods. However, the Mall cannot collect any additional fee for the payment of goods, etc.
1. Various kinds of account transfer such as phone banking, Internet banking, and mail banking
2. Payment with all kinds of cards such as prepaid cards, debit cards, and credit cards
3. Payment with online deposit
4. Payment with electronic money
5. Payment upon receipt
6. Payment with points provided by the Mall such as mileage
7. Being in a contract with the Mall, or payment with gift certificates authorized by the Mall
8. Payment with other electronic payment methods, etc.
Article 12 (Notice of receipt, change of purchase application and cancellation)
① If the user orders a purchase, the Mall will send acknowledgment to the user for confirmation of the receipt.
② Upon receipt of the acknowledgment, the user may request the change or cancellation of the purchase application immediately if there is any inconsistency of the intention to do so, and the Mall shall process the request without delay if requested by the user prior to delivery. However, if payment has already been made, the provisions of Article 15, withdrawal of application, shall be applied.
Article 13 (Supply of Goods, etc.)
① The mall will take necessary measures such as customizing, packing, and others, so that the user can receive the goods within 7 days from the date of the order, unless there is a separate agreement regarding the supply period of the user and the goods. However, if the Mall has already received all or part of the payment for the goods, the Mall will take action within 3 business days from the receipt of all or part of the payment. At this time, the Mall takes appropriate measures so that the user can check the supply procedures and the progress of the goods
② The Mall stipulates the delivery method, delivery cost for each delivery method, delivery time for each method of the person responsible for delivery, and others for the goods purchased by the user. If the Mall exceeds the contracted delivery time, the Mall is obligated to compensate the user for damages caused by that. However, this shall not apply if the Mall proves that there is no intentional action or no negligence.
Article 14 (Refund)
If it is not possible to supply or deliver the goods for the user for reasons such as sold out and others, the Mall shall notify the user of the reason without delay, and if the payment for the goods is made in advance, the Mall shall refund within 3 business days or take necessary action for refund.
Article 15 (Withdrawal of application, etc.)
① An user who has entered into a contract for the purchase with the Mall may withdraw the application within 7 days from the date of receipt of the written document regarding the contents of the contract set forth in Article 13 Paragraph 2 of the "Act on the Consumer Protection in the Electronic Commerce Transactions". (If the supply of goods or the like is later than the time of receipt of the corresponding document, the day is when the goods or the like is supplied or supplies start.) However, if there is any other regulation regarding withdrawal of application in the "Act on the Consumer Protection in the Electronic Commerce Transactions", it shall be subject to the provisions of the same law.
② The user cannot return or exchange goods after receiving the goods in the following cases.
1. If the goods are lost or damaged due to the user's responsibility (However, the user can withdraw the application if the user has damaged the packaging to check the contents of the goods.)
2. If the value of the goods or the like is significantly reduced by the use of the user or consumption of the part
3. If the value of goods or the like has decreased significantly enough to be difficult to resell over time
4. Though it is possible to replicate with goods of the same performance, when the original packaging is damaged
③ In the case of the subparagraph 2 or 4 of paragraph 2, if the Mall has not taken measures in advance such as specifying the fact that the user's withdrawal of the application may be limited in the place where the user can recognize easily, or providing trial products, the user's withdrawal of the application is not limited.
④ Notwithstanding the provisions of the Paragraphs 1 and 2, If the contents of the goods are different from the contents of the display advertisement or from the contents of the contract, the user can withdraw the application within 3 months from the date of receiving the goods or within 30 days from the date of possibly knowing it.
Article 16 (Effect of withdrawal of application, etc.)
① When the Mall receives the goods returned from the user, the Mall refunds the payment already paid for the goods within 3 business days. In this case, when the Mall delays the refund to the user, the delay interest is paid, calculated by multiplying the delay period by the delayed interest rate set forth in Article 21 Paragraph 2 of the enforcement ordinance of "Act on the Consumer Protection in the Electronic Commerce Transactions"
② In refunding the above amount, if the user paid for the goods with a credit card or electronic money, the Mall will ask the provider who provided the payment means to suspend or cancel the charge for the goods.
③ In case of withdrawal of application, the user will bear the cost of returning the goods received. The Mall will not charge the user for penalty or damages for reasons such as withdrawal of application. However, In case of withdrawal of application caused by the fact that the contents of the goods are different from the contents of the display, advertisement, or the contents of the contract, the Mall will bear the cost necessary for the return of the goods.
④ When the user has paid for the delivery cost of the goods, the Mall will clearly indicate who will bear the expenses when withdrawing the application.
Article 17 (Protection of privacy)
① The mall collects the minimum privacy necessary to provide the service a when the user wants to purchase goods.
② The Mall does not collect the information necessary for fulfilling the purchase contract in advance. However, this shall not apply when it is necessary to acquire minimum specific privacy in cases where identification is required prior to the purchase contract in order to fulfill the obligations under the relevant laws and regulations.
③ When collecting and using the privacy of the user, the Mall informs the user of the purpose, and receives the consent.
④ The Mall cannot use the collected privacy for purposes other than the original purpose. When a new purpose of use occurs or it is provided to the third party, the Mall informs the user of the purpose of using and providing the information, and receives the consent. However, except in cases where there is a difference from the relevant laws and regulations.
⑤ If the Mall is subject to the consent of the user pursuant to the Paragraph 2 and 3, the Mall must previously specify or notify the user of provisions, such as the identity of privacy officer (department, name and telephone number, contact information), the purpose of collecting information, content of information offered to third parties (the person who has been provided, the purpose of providing, and the content of information to be provided), and others set forth in "Act on the Consumer Protection in the Electronic Commerce Transactions"
⑥ Users may request to view and correct errors in their privacy at any time, and the Mall is obliged to take necessary measures without delay. If the user requests an error correction, the Mall will not use the privacy until the error is corrected.
⑦ The Mall shall minimize the person handling privacy of the user for the protection of privacy.
And the Mall has all responsibility for user's damage, such as loss of user's privacy, including, credit card, bank account, and so on, theft, leakage, provision to third party without user's consent, alteration, and others.
⑧ The Mall and the third parties who receive privacy from the Mall will revoke the privacy without delay when they have achieved the purpose of collecting or receiving the privacy.
⑨ The Mall does not set the consent section of the collection, use, and provision of privacy to be pre-selected. In addition, the Mall specifies the services that are limited when the user's consent to the collection, use, and provision of privacy is refused.
And the Mall does not restrict or refuse to provide services such as the membership registration, even if the user refuses consent to the collection, use and provision of privacy, not essential collection items.
Article 18 (Mall duty).
① The Mall shall not engage in acts contrary to the laws, these terms and condition, or public morals. And the Mall will do its best to provide goods and services continuously and reliably as stipulated in these terms and conditions.
② The Mall must have a security system to protect the user's privacy (including credit information) so that the user can use the Internet service safely.
③ The Mall is responsible for compensating the user for any damages caused by the unlawful display and advertisements prescribed in Article 3 of the Act on the Fair Indication and Advertisements.
④ The Mall does not send advertising emails for commercial purposes that users do not want.
Article 19 (Obligations to Members' ID and Password)
① Except in the case of Article 17, the member is responsible for the management of ID and password.
② Members should not allow the third parties to use their ID and password.
③ If the member recognizes that his/her ID and password are stolen or used by a third party, he / she will notify the Mall immediately and if there is a mall's guide, he / she should follow it.
Article 20 (Obligations of user)
The user should not conduct the following
1. Registration with false information when applying or changing
2. Illegal use of another's information
3. Changing information posted on the Mall
4. Transmitting or posting information other than information set by the Mall (computer programs, etc.)
5. Infringement of intellectual property rights such as copyright of third party
6. Action to damage the Mall or other third party's reputation or disrupt business
7. Action to disclose or post in the Mall with bad materials such as obscene or violent messages, images, voices, and anything against the public policy.
Article 21 (Relationship between Connecting Mall and Connected Mall)
① If a parent mall and a child mall (for example: Hyperlink includes text, pictures, moving pictures, and others) are connected in the way of hyperlink method, the former is called the connecting mall (website) and the latter is called the connected Mall (website).
② If the connecting Mall specifies on the initial screen or pop-up screen at the time of connection that it will not be held liable for the transactions that the user makes with the goods that the connected Mall provides independently, the connecting Mall is not responsible for the warranty for such transactions.
Article 22 (Attribution of Copyright and Restriction of use)
① The copyrights and other intellectual property rights of the works created by the Mall are attributed to the Mall.
② Without the prior consent of the Mall, the user shall not use the intellectual property that is attributed to the Mall among information obtained by using the Mall in pursuit of profit. And the user shall not let the third party use the intellectual property through the method of copying, transmitting, publishing, distributing, broadcasting, or other ways.
③ The Mall shall notify the user of the use of the copyright belonging to the user in accordance with the agreement.
Article 23 (Method of Payment)
① The Mall installs and operates the damage compensation processing facility to reflect the legitimate opinions or complaints posed by the users and to compensate the damage.
② The Mall takes priority over complaints and comments submitted by users. However, in the event that it is difficult to process promptly, the user will be immediately notified of the reason and processing schedule.
③ If there is an application for remedy of damages from the user regarding the e-commerce dispute between the Mall and the user, the Mall and the user may follow the coordination of the dispute resolution agency that is requested by the provincial governor or the Fair Trade Commission.
Article 24 (Jurisdiction and Governing Law)
① The lawsuits related to e-commerce disputes between the Mall and the user shall be subject to the jurisdiction of the district court based on the user's address at the time of the lawsuit.
If there is no address, the jurisdiction shall be the district court that has jurisdiction over the user's place of residence. However, if the address or residence of the user at the time of filing is not clear, or if the user is a foreign resident, the user shall submit it to the competent court under the Civil Proceedings Act.
② The e-commerce lawsuit filed between the Mall and users is governed by the law of the Republic of Korea.
Article 1 (Effective Date) This Agreement will be effective from February 1, 2018.
Article 10 (Obligations of User)
① The user must state all the items based on facts at the time of signing up for membership or purchasing, and cannot claim any rights related to the listed contents when registering false information or joining in the name of another person.
② All responsibility for management of privacy such as ID and password are on the user. All responsibility for damages and consequences resulting from the disclosure of privacy due to negligence are on the user.
③ In case privacy of the user is used in a negative way, the user must notify the fact to the Company.
④ Users must comply with these terms and conditions and related laws.
⑤ Users must manage their privacy sincerely in order to use this service, and if there is any change in privacy, they must correct it. It is the responsibility of the user to be liable for damages caused by delay or omission of the changes in privacy of the user.
Chapter 5. Deletion of privacy and restriction of use
Chapter 11. Deletion of privacy and restriction of use
① The user may request to terminate the contract or delete privacy at any time through 'Contact Us' at the bottom of the Site.
② When a user requests deletion of privacy, the Company shall deal with it promptly as stipulated by applicable law.
③ If a user cannot log in using the existing ID and password, the use contract is terminated, and if the ID is closed once, the user can no longer use it.
④ The Company may suspend the use of the service or terminate the use of the service without notice if an user conducts any of the following actions.
A. If the user is against public order and morals
B. When the user relates to a criminal act
C. When planning or executing the use of the service for the purpose of harming national interest or social public interest
D. When stealing the privacy of others or describing false privacy
E. Misuse or illegal use of another's ID and password
F. When bringing disgrace on or disadvantaging others' honor
G. If the same user is enrolled doubly with a different ID
H. If the user hinders the sound use of services such as harming service
I. When stealing payment information of others or dealing with wrongful conduct
J. When using programs that the Company does not authorize, using system bugs, hacking or damaging the system
K. In violation of other relevant laws and regulations or conditions of use set by the Company
⑤ If the user terminates the contract pursuant to Paragraph 4, or if the use of the service is restricted, the payment already paid by the user will be subject to the Company's separate refund policy
⑥ In the event that the user and the Company terminate the service contract due to the cancellation or restriction on using the service, the Company shall delete the user's ID and privacy for better service environment except as otherwise provided by the relevant laws and regulations Therefore, the user must back up the information that needs to be kept before the termination of the service use contract, and the Company will not be responsible for the user's privacy, purchasing related information and contents deletion after the contract termination.
Article 12 (Use Restriction and Release Procedures)
① If the Company wishes to restrict usage, the Company shall notify the user or its agent by letter, telephone or other means, specifying the reason and date and period. However, if it is deemed necessary for the Company to suspend its use urgently, the use of the service may be restricted without further notice.
② A user or the agent who has been notified of suspension of service, according to Paragraph 1, may file an appeal, if the user or the agent has objections to the suspension of use.
③ The Company will cancel the suspension only if it is confirmed that the reason for the suspension is canceled during the suspension period.
Chapter 6 Compensation for damages, etc.
Article 13 (Compensation for damages)
① If a user causes damage to the Company due to a violation of the provisions of these terms and conditions, the user shall compensate all incurred damages.
② If the Company receives various kinds of complaints, including damages, claims, or lawsuits from third parties due to a user who committed Illegal activities or violated these terms and conditions in using the services, the user must exonerate the Company at the user's own risk and expense. If the Company is not exonerated, the user shall compensate the Company against any incurred damages.
③ The Company shall not be liable for any damages arising out of or in connection with the services provided free of charge. However, except in the case of damages caused by intention or gross negligence of the Company.
Article 14 (Disclaimer)
① In the event that the Company fails to provide services due to natural disasters, or if the telecommunication service provider ceases to provide telecommunication service or fails to provide it normally, or if the service is suspended due to unavoidable reasons such as periodical inspection, the Company is not responsible for the provision of services.
② The Company shall not be liable for any interruption of service, disability or termination of the contract due to the reasons attributable to the user.
③ The Company shall not be liable for the failure of the user to obtain the expected profits from the service and shall not be liable for damages caused by the selection or use of the service.
④ The Company shall not be liable for any interruption or failure of the service due to unavoidable reasons such as maintenance, replacement, periodic inspection or construction of facilities for service which are previously announced.
⑤ The Company shall not be liable for any problems caused by the user's computer environment or any problems caused by the network environment without cause of the Company's failure.
⑥ The Company shall not intervene in the dispute arising through the medium of service between the user and the third party, and shall not be responsible for the damages caused by the dispute.
Article 15 (Governing Law and Competent Court)
① Any lawsuit filed between the Company and the user shall be governed by the laws of the Republic of Korea.
② Any difference or dispute between the Company and the user regarding the use of the service shall be resolved by agreement between the Parties.
③ If the dispute of Paragraph 1 is not resolved satisfactorily and a lawsuit has been filed, the court shall be the jurisdiction of the Seoul Central District Court.
*(Additional clause) These terms and conditions will be effective from February 1, 2018.