Terms and Conditions - Designfactory by Kissthebrand

Article 1 (Purpose)

These terms and conditions aim to define the rights, obligations, and responsibilities of users and the cyber mall in using the internet-related services (hereafter “services”) provided by LNLEE Corp. (an e-commerce business) operating the KISS THE BRAND cyber mall (hereafter “mall”). ※These terms also apply to e-commerce conducted through PC communication, wireless, etc., unless it contradicts their nature.

Article 2 (Definitions)

“Mall” refers to the virtual business place set up by LNLEE Corp. to transact goods or services (hereafter “goods, etc.”) using IT facilities such as computers, and also refers to the business operator that runs the cyber mall.
“User” refers to members and non-members who access the mall and consent to these terms to use the services provided by the mall.
“Member” refers to an individual who has registered as a member of the mall and is continuously entitled to use the services offered by the mall.
“Non-member” refers to an individual who uses the services provided by the mall without subscribing to membership.

Article 3 (Notification, Explanation, and Revision of Terms)

The mall shall post on the initial service screen (homepage) of KISS THE BRAND cyber mall the details of these terms, the name of the company and the name of the representative, business address (including the address for handling consumer complaints), phone number, fax number, email address, business registration number, e-commerce license number, and the privacy protection officer, so that users can easily access this information. However, the content of the terms can be viewed by the user through a hyperlink on the screen.
The mall must provide a separate connection screen or a popup screen before the user agrees to the terms to make important information such as conditions of withdrawal, delivery responsibilities, and refund conditions clear for the user’s understanding.
The mall may amend these terms to the extent that they do not violate applicable laws such as the “Act on Consumer Protection in E-commerce,” “Act on the Regulation of Terms and Conditions,” “Basic Act on Electronic Documents and Transactions,” “Electronic Financial Transactions Act,” “Electronic Signature Act,” “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.,” “Door-to-Door Sales Act,” and “Consumer Basic Act.”
When amending the terms, the mall will announce the application date and the reasons for the amendment along with the current terms from 7 days before the application date until the day prior to the application date. In case of a change that may disadvantage the user, the mall will notify the user 30 days prior. The mall will clearly compare the before and after contents of the terms for easier understanding.
If the mall amends the terms, the amended terms shall apply only to contracts entered into after the effective date, and the previous terms shall apply to contracts already concluded before the amendment. However, if a user who has already entered into a contract sends a clear intention to apply the amended terms within the notice period of the amendment and obtains the mall’s consent, the amended terms shall apply.
Matters not specified in these terms and interpretations of these terms shall be governed by the “Act on Consumer Protection in E-commerce,” “Act on the Regulation of Terms and Conditions,” consumer protection directives by the Fair Trade Commission, and relevant laws or commercial practices.

Article 4 (Provision and Change of Service)

The mall performs the following tasks:
1. Provides information on goods or services and concludes purchase contracts.
2. Delivers goods or services for which a purchase contract has been concluded.
3. Other tasks determined by the mall.
The mall may change the content of goods or services to be provided in future contracts in the event of sold-out goods or changes in technical specifications. In such cases, the mall will immediately notify the details of the changed goods or services and the date of provision at the location where the current goods or services are posted.
If the mall needs to change the content of the service contracted with the user for reasons such as unavailability of goods or changes in technical specifications, it will notify the user at the address where notification is possible without delay.
In the case mentioned in the previous clause, the mall compensates the user for any damages caused, unless the mall proves there was no negligence.

Article 5 (Interruption of Service)

The mall may temporarily suspend the provision of services in the event of maintenance, replacement, breakdown of information and communication equipment, or interruption of communication.
The mall compensates the user or third party for damages caused by the temporary suspension of service due to the reasons mentioned above, unless the mall proves there was no negligence.
If the service cannot be provided due to reasons like a change in business item, abandonment of business, or merger between companies, the mall will notify the user with the method prescribed in Article 8 and compensate the consumer according to the conditions originally suggested by the mall. If there is no announced compensation standard, the mall will pay the user in cash or kind equivalent to the currency value of the mileage or points used by the mall.

Article 6 (Membership Registration)

Users apply for membership by filling in member information according to the form designated by the mall and by expressing their intention to agree to these terms.
The mall registers the users as members unless they fall under the following categories:
1. If the applicant has previously lost membership according to Article 7 clause 3, except after 3 years from the loss of membership under the same clause and gaining re-approval from the mall.
2. If there is false information, missing entries, or errors in the registered contents.
3. If it is judged that registering as a member significantly hinders the technology of the mall.
The moment the mall approves the membership, the membership contract is established.
Members must inform the mall of any changes to the registered details using the method prescribed by the mall within a reasonable period.

Article 7 (Withdrawal of Membership and Loss of Eligibility)

Members can request withdrawal at any time, and the mall will immediately process the withdrawal.
The mall may limit or suspend membership for the following reasons:
1. If false information is registered when applying for membership.
2. If the member does not pay the debts owed to the mall regarding the goods purchased using the mall or other uses of the mall.
3. If the member interferes with others’ use of the mall or steals their information.
4. If the member uses the mall to conduct prohibited or socially unacceptable activities according to the laws and these terms.
If the mall restricts or suspends a member and the same action is repeated more than twice or the reason is not corrected within 30 days, the mall may terminate the membership.
If the mall terminates membership, it will notify the member and immediately delete the member’s registration. Before deleting the registration, the mall will inform the member of the planned deletion date and provide at least 30 days for the member to explain the situation.

Article 8 (Notification to Members)

When notifying members, the mall may use the email address specified by the member beforehand.
For notifications affecting a significant number of members, the mall may substitute individual notification by posting on the mall’s bulletin board for over a week. However, for matters that significantly affect the member’s transaction, the mall will notify the member individually.

Article 9 (Order)

Users apply for a purchase using the following or a similar method on the mall’s website, and the mall provides the following information in a clear and understandable manner to assist the user’s purchase application:
1. Searching and selecting goods.
2. Entering the recipient’s name, address, phone number, email address, etc.
3. Confirmation of the terms of the agreement, conditions that limit withdrawal of consent, cost of shipping and installation.
4. An indication of agreement to the terms and confirmation of the above-mentioned items.
5. Application for purchase of goods, etc., and confirmation or agreement to the mall’s confirmation.
6. Selection of payment method.
If the mall needs to provide personal information to a third party to fulfill the purchase order, it must obtain the buyer’s consent at the time of the actual purchase application. The mall must specify the personal information items provided, the recipient, the purpose of use by the recipient, and the period of retention and use. However, if the law provides otherwise, such as in the case of information processing outsourcing according to the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.,” those exceptions apply.

Article 10 (Formation of Contract)

The mall may refuse to accept a purchase application if it meets any of the following conditions. However, if a contract is concluded with a minor without obtaining consent from their legal representative, the minor or the legal representative may cancel the contract.
1. If the application contains false information, is incomplete, or has errors.
2. If a minor applies to purchase goods or services prohibited by the Youth Protection Act.
3. If accepting the purchase application would cause significant technical disruption to the mall.
The contract is considered to be established when the mall’s acceptance reaches the user in the form of a confirmation notification as per Article 12 clause 1.
The mall’s acceptance must include information regarding the confirmation of the user’s purchase application, availability of sales, and any changes or cancellations of the purchase application.

Article 11 (Payment Method)

The payment method for goods or services purchased at the mall may be one of the following, and the mall shall not add any fees under any name other than the price of the goods:

Various account transfers such as phone banking, internet banking, mail banking, etc.
Payments by prepaid card, debit card, credit card, etc.
Online bank transfer without a bankbook.
Payment through electronic currency.
Payment upon receipt.
Payment using points such as mileage which the mall has awarded.
Payment by gift certificate which the mall has issued or recognized.
Other electronic payment methods.

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

The mall sends a confirmation of receipt to the user who has applied for a purchase.
Upon receiving the confirmation of receipt, the user can immediately request a change or cancellation of the purchase application if there is a discrepancy in their order. The mall must process such requests before delivery if they are made before delivery; otherwise, the regulations of Article 15 regarding withdrawal of consent apply.

Article 13 (Supply of Goods, etc.)

Unless there is a separate agreement on the supply period of goods with the user, the mall should take necessary measures such as manufacturing and packaging to deliver within 7 days from the date of receipt of the application. If the mall has received part or all of the payment for the goods, it must take necessary actions within 3 business days from the date of receiving the payment.
The mall specifies the means of delivery, the burden of delivery costs by means, and the delivery period for each means for the goods purchased by the user. If the mall exceeds the agreed delivery period, it must compensate the user for any damages incurred. However, if the mall proves that there was no negligence, it is not responsible for compensation.

Article 14 (Refund)

If the mall cannot supply the ordered goods or services due to being out of stock or other reasons, it must notify the user immediately and take necessary measures for a refund within 3 business days if payment has been made in advance.

Article 15 (Withdrawal of Consent, etc.)

A user who has contracted to purchase goods from the mall may withdraw their consent within 7 days from the date they received the written contract content, according to the “Act on Consumer Protection in E-commerce” Article 13 clause 2. However, if the delivery of goods started later than the date they received the document, the user may withdraw their consent based on the start date of the supply.
The user cannot return or exchange the goods under the following conditions:
1. If the goods have been destroyed or damaged by the user’s responsibility. However, if the packaging was damaged to check the content of the goods, withdrawal is possible.
2. If the value of the goods has decreased significantly due to the user’s use or partial consumption.
3. If the value of the goods has decreased significantly over time to the extent that resale becomes difficult.
4. If it is possible to replicate the goods with the same performance and the original packaging of the goods is damaged.
If the mall has not taken measures such as clearly stating on the application screen that withdrawal of consent may be restricted under clause 2 or providing a trial product, the user’s right to withdraw their consent is not restricted.
Notwithstanding the provisions of clauses 1 and 2, if the content of the goods is different from the display advertisement or if the contract is not performed according to the content of the contract, the user can withdraw their consent within 3 months from the day they received the goods or within 30 days from the day they knew or could have known about the issue.

Article 16 (Effect of Withdrawal of Consent, etc.)

If the mall receives the returned goods, it must refund the payment within 3 business days. If the mall delays the refund, it must pay interest calculated by multiplying the delay period by the interest rate specified in the “Act on Consumer Protection in E-commerce” enforcement decree.
If the user paid by credit card or other payment methods, the mall should promptly request the business that provided the payment method to stop or cancel the billing.
The user bears the cost of returning the goods when withdrawing their consent. The mall does not charge a penalty or compensation for withdrawal of consent. However, if the withdrawal of consent is due to the goods being different from the advertisement or the contract, the mall bears the cost of return.
If the user has paid for the delivery of the goods, the mall should clearly state who bears the cost of return when consent is withdrawn.

Article 17 (Protection of Personal Information)

The mall collects the minimum necessary personal information from users when necessary to provide services.
The mall does not collect personal information necessary for the performance of purchase contracts at the time of member registration. However, if it is necessary to verify personal information before a purchase contract under applicable laws, the mall collects the minimum required personal information.
The mall informs users of the purpose of collecting and using personal information and obtains consent at the time of collection.
The mall may not use collected personal information for purposes other than those specified and must obtain user consent if the purpose of use changes or if personal information is provided to a third party. However, if the law stipulates otherwise, exceptions apply.
If user consent is required for collecting, using, or providing personal information, the mall must disclose or notify the user in advance of the necessary information as stipulated by the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.,” such as the identity of the privacy protection officer (affiliation, name, phone number, and other contact information), purpose of information collection and use, and details on the provision of information to third parties (recipient, purpose of use, and content of the information provided). Users can withdraw their consent at any time.
Users may request to view and correct any errors in their personal information at any time, and the mall is required to promptly take necessary actions to respond to such requests. If a user requests correction of errors, the mall may not use the relevant personal information until the correction is completed.
The mall is responsible for all damages caused by the loss, theft, leaking, provision without consent, or alteration of users’ personal information including credit card and bank account information. The mall should restrict access to personal information to the minimum number of employees necessary to prevent misuse.
The mall or third parties who have received personal information must destroy such information immediately after achieving the purpose of collection or provision.
The mall sets the option to agree to the collection, use, and provision of personal information as unchecked by default. If a user rejects to consent, the mall explicitly specifies the services that will be restricted and does not deny service provision based on refusal to consent unless it is necessary for the service.

Article 18 (Mall’s Obligations)

The mall does not engage in activities prohibited by the law or contrary to public morals and customs and should ensure reliable provision of goods and services according to the provisions of these terms.
The mall must implement security systems to ensure the safe use of internet services by users and protect users’ personal information, including credit information.
The mall has the responsibility to compensate users for any damages caused by unfair advertisement activities regarding the products or services according to the “Fair Labeling and Advertising Act.”
The mall should not send commercial electronic mails that users do not wish to receive.

Article 19 (Member’s Responsibility for ID and Password)

Except in the case of Article 17, members are responsible for managing their ID and password.
Members should not allow their ID and password to be used by a third party.
If a member recognizes that their ID and password are stolen or being used by a third party, they should notify the mall immediately and follow the instructions of the mall.

Article 20 (User’s Duties)

Users should not engage in the following acts:

Registering false information when applying or changing information.
Stealing information of others.
Changing information posted on the mall.
Sending or posting information (other than that specified by the mall) on the mall.
Acts that infringe on the intellectual property rights of the mall or others.
Acts that damage the honor or interfere with the work of others.
Posting obscene or violent messages, images, voices, or other information that contradicts public morals on the mall.

Article 21 (Relationship between the Connected Mall and the Subconnected Mall)

If the upper mall and the lower mall are connected by a hyperlink (e.g., including text, images, and moving images), the former is referred to as the connecting mall and the latter as the subconnected mall.
If the connecting mall specifies on the initial screen or at the time of the hyperlink that it does not guarantee the transaction with the subconnected mall, it is not responsible for the transaction.

Article 22 (Copyright Ownership and Usage Restrictions)

Copyrights and other intellectual property rights of the works created by the mall are owned by the mall.
Users should not use the information obtained by using the mall for profit without prior consent from the mall, nor should they allow others to use the information.
The mall should notify the user of the use of the copyrights assigned to the user according to the agreement.

Article 23 (Dispute Resolution)

The mall installs and operates an organization to reflect legitimate complaints or dissatisfactions of users and to compensate for damages.
The mall should prioritize handling user complaints and opinions submitted to the mall. If rapid processing is not possible, the mall should immediately inform the user of the reasons and expected processing time.
If there is a request for damage relief from a user due to a dispute between the mall and the user related to e-commerce, the user can follow the mediation of the Fair Trade Commission or the competent municipal government.

Article 24 (Jurisdiction and Governing Law)

Any dispute arising between the mall and the user related to e-commerce transactions is governed by the jurisdiction of the district court with authority over the user’s address at the time of the lawsuit, according to the address or residence. If the address or residence is not clear at the time of filing, or if the user is a foreign resident, the case shall be governed by the applicable district court under the Civil Procedure Law.
Korean law applies to e-commerce disputes raised between the mall and the user.

Article 25 (Implementation of KakaoTalk Notification Talk)

LNLEE Corp. sends non-advertising information such as membership registration, order information, and delivery notifications through KakaoTalk Notification Talks. If receiving notifications through KakaoTalk is not possible or if the user blocks notifications, the information will be sent via standard text messages.
If notifications are accessed over a mobile network instead of Wi-Fi, data charges may apply.
If users do not wish to receive KakaoTalk Notification Talks, they must block notifications.