Terms of service

Article 1 (Purpose)

These Terms and Conditions set forth the rights, obligations, and responsibilities of the online mall and its users in connection with the internet-related services (the “Services”) provided by the Todd & Ernest online mall (the “Mall”), operated by Todd & Ernest, an e-commerce business.

These Terms also apply, to the extent consistent with their nature, to e-commerce transactions conducted through PC communications, wireless communications, and similar means.

Article 2 (Definitions)

1. “Mall” means a virtual business site established by Todd & Ernest using information and communications facilities, including computers, so that goods or services (collectively, “Goods”) may be provided and traded with users. The term also refers to the business operator that operates the Mall.

2. “User” means any member or non-member who accesses the Mall and receives the Services provided by the Mall 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 shall post these Terms, its business and representative names, business address (including the address where consumer complaints can be handled), telephone number, fax number, email address, business registration number, mail-order business registration number, and the identity of the personal information manager on the Mall’s initial service screen so that users can readily identify them. The Terms may instead be made available through a linked page.

2. Before a user agrees to these Terms, the Mall shall provide a separate linked page or pop-up so that the user can understand and confirm material provisions, including withdrawal rights, delivery responsibility, and refund conditions.

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 Electronic 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. If the Mall amends these Terms, it shall announce the effective date and reason for amendment together with the existing Terms on the Mall’s initial screen from seven days before the effective date until the day before that date. If an amendment is unfavorable to users, the Mall shall provide at least 30 days’ prior notice and clearly compare the provisions before and after amendment.

5. Amended Terms apply only to contracts entered into on or after their effective date. Contracts entered into before that date remain governed by the prior Terms. However, the amended Terms may apply if a user with an existing contract requests their application during the notice period and the Mall agrees.

6. Matters not provided for in these Terms and the interpretation of these Terms are governed by applicable laws, the consumer protection guidelines for e-commerce issued by the Korea Fair Trade Commission, and established commercial practices.

Article 4 (Provision and Modification of Services)

1. The Mall performs the following services: (a) providing information about Goods and entering into purchase contracts; (b) delivering Goods for which a purchase contract has been entered into; and (c) other services designated by the Mall.

2. If Goods are sold out or technical specifications change, the Mall may modify the Goods to be provided under future contracts. The Mall shall immediately post the modified details and the date of availability where the current details are posted.

3. If the Mall must modify Services already agreed with a user because Goods are sold out or their technical specifications change, the Mall shall immediately notify the user at an available address.

4. In the case described above, the Mall shall compensate the user for resulting damages unless the Mall proves that it had neither intent nor negligence.

Article 5 (Suspension of Services)

1. The Mall may temporarily suspend Services due to maintenance, inspection, replacement, or failure of information and communications facilities, interruption of communications, or similar causes.

2. The Mall shall compensate users or third parties for damages caused by a temporary suspension under paragraph 1, unless the Mall proves that it had neither intent nor negligence.

3. If Services can no longer be provided because of a change in business type, discontinuation of business, business integration, or similar cause, the Mall shall notify users in the manner provided in Article 8 and compensate consumers under the conditions originally presented by the Mall. If the Mall did not announce compensation criteria, it shall pay users cash or goods equivalent to the value of their mileage or reward points in the currency used by the Mall.

Article 6 (Membership Registration)

1. A user applies for membership by completing the registration form prescribed by the Mall and indicating agreement to these Terms.

2. The Mall shall register an applicant unless: (a) the applicant previously lost membership under Article 7.3, except where three years have passed and the Mall approves re-registration; (b) the application contains false information, omissions, or errors; or (c) registration would cause a material technical difficulty for the Mall.

3. The membership agreement becomes effective when the Mall’s acceptance reaches the member.

4. If registered information changes, the member shall notify the Mall within a reasonable period by updating the member information or by another appropriate method.

Article 7 (Withdrawal from Membership and Loss of Eligibility)

1. A member may request withdrawal at any time, and the Mall shall process the request immediately.

2. The Mall may restrict or suspend membership if the member: (a) registered false information; (b) fails to pay amounts due for Goods purchased through the Mall or other obligations relating to use of the Mall; (c) disrupts another person’s use of the Mall or misappropriates information, thereby threatening the order of e-commerce; or (d) uses the Mall to engage in an act prohibited by law or these Terms or contrary to public order and morals.

3. If the same conduct occurs at least twice after restriction or suspension, or the cause is not corrected within 30 days, the Mall may terminate the membership.

4. If the Mall terminates membership, it shall cancel the member registration, notify the member, and provide at least 30 days to submit an explanation before cancellation.

Article 8 (Notices to Members)

1. The Mall may notify a member at the email address designated by prior agreement with the Mall.

2. For notices to an unspecified number of members, the Mall may substitute individual notice by posting the notice on the Mall’s bulletin board for at least one week. However, the Mall shall give individual notice of matters materially affecting a member’s own transaction.

Article 9 (Purchase Applications and Consent to the Provision of Personal Information)

1. A user applies to purchase through the following or a similar process, and the Mall shall present the relevant information clearly: (a) searching for and selecting Goods; (b) entering the recipient’s name, address, telephone number, email address or mobile number; (c) confirming the Terms, restrictions on withdrawal, and charges such as delivery and installation fees; (d) indicating agreement to these Terms and confirming or declining the matters in item (c), such as by clicking; (e) applying to purchase and confirming the application, or agreeing to the Mall’s confirmation; and (f) selecting a payment method.

2. If the Mall needs to provide a purchaser’s personal information to a third party, it shall inform the purchaser of and obtain consent to the recipient, purpose, items of information, and retention and use period. The same applies if an agreed matter changes.

3. If the Mall outsources the handling of a purchaser’s personal information, it shall inform the purchaser of and obtain consent to the processor and the outsourced tasks. However, when necessary to perform a service contract and related to the purchaser’s convenience, notice through the privacy policy may replace separate notice and consent procedures as permitted by applicable law.

Article 10 (Formation of Contract)

1. The Mall may reject a purchase application if it contains false information, omissions, or errors; if a minor purchases goods or services prohibited for minors, such as tobacco or alcohol; or if accepting the application would cause a material technical difficulty. When entering into a contract with a minor, the Mall shall notify the minor that the minor or legal representative may cancel the contract if the legal representative’s consent was not obtained.

2. A contract is formed when the Mall’s acceptance reaches the user in the form of the receipt confirmation described in Article 12.1.

3. The Mall’s acceptance shall include confirmation of the application, availability for sale, and information about correction or cancellation of the application.

Article 11 (Payment Methods)

Payment for Goods purchased from the Mall may be made using any available method listed below. The Mall shall not add any fee to the price of Goods solely because of the user’s chosen payment method: (a) account transfer, including phone banking, internet banking, and mail banking; (b) prepaid, debit, or credit card; (c) online bank deposit; (d) electronic money; (e) payment on receipt; (f) points, including mileage issued by the Mall; (g) gift certificates contracted with or accepted by the Mall; or (h) other electronic payment methods.

Article 12 (Receipt Confirmation and Changes or Cancellation of Purchase Applications)

1. When a user submits a purchase application, the Mall shall send a receipt confirmation.

2. If the receipt confirmation differs from the user’s intent, the user may request a change or cancellation immediately after receiving it, and the Mall shall process the request without delay if it is received before shipment. If payment has already been made, Article 15 applies.

Article 13 (Supply of Goods)

1. Unless otherwise agreed regarding the supply date, the Mall shall take necessary measures, including custom production and packaging, so that Goods can be delivered within seven days after the user places the order. If the Mall has already received all or part of the payment, it shall take those measures within three business days after receipt. The Mall shall take appropriate measures to allow the user to check the supply process and status.

2. The Mall shall specify the delivery method, the party responsible for delivery costs, and the delivery period for each method. If the Mall exceeds an agreed delivery period, it shall compensate the user for resulting damages unless it proves that it had neither intent nor negligence.

Article 14 (Refunds When Goods Cannot Be Supplied)

If Goods cannot be delivered or provided because they are sold out or for another reason, the Mall shall notify the user without delay. If payment was received in advance, the Mall shall refund it or take the necessary refund measures within three business days after receipt.

Article 15 (Withdrawal from Purchase)

1. A user who enters into a contract to purchase Goods may withdraw within seven days from the date the user receives the written contract information required by Article 13.2 of the Act on Consumer Protection in Electronic Commerce. If delivery begins later than receipt of that information, the period begins on the date the Goods are received or delivery begins. Where that Act provides otherwise, its provisions apply.

2. After receiving Goods, a user may not return or exchange them if: (a) the Goods are lost or damaged for a reason attributable to the user, except damage to packaging necessary to inspect the Goods; (b) the value of the Goods has materially decreased through use or partial consumption; (c) the value has materially decreased over time to the extent that resale is difficult; or (d) the packaging of reproducible Goods has been damaged.

3. The restrictions in paragraph 2(b) through (d) do not apply if the Mall failed to clearly disclose the restriction in advance or to provide a sample product or similar opportunity for use.

4. Notwithstanding paragraphs 1 and 2, if the Goods differ from their description or advertisement or are supplied contrary to the contract, the user may withdraw within three months after receiving the Goods or within 30 days after the user knew or reasonably could have known of the discrepancy, whichever is earlier as provided by applicable law.

Article 16 (Effects of Withdrawal)

1. After receiving returned Goods, the Mall shall refund the price paid within three business days. If the Mall delays the refund, it shall pay delay interest calculated at the rate prescribed by Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce.

2. If the user paid by credit card, electronic money, or similar payment method, the Mall shall promptly request that the payment provider stop or cancel the charge.

3. The user bears the cost of returning Goods following withdrawal. The Mall shall not charge a penalty or damages solely because of withdrawal. If withdrawal occurs because the Goods differ from their description or advertisement or were supplied contrary to the contract, the Mall bears the return cost.

4. If the user paid outbound shipping charges, the Mall shall clearly disclose who bears those charges upon withdrawal.

Article 17 (Protection of Personal Information)

1. The Mall shall collect only the minimum personal information necessary to provide the Services.

2. The Mall shall not collect information needed to perform a purchase contract in advance at membership registration, except where minimum identifying information must be collected before purchase to comply with applicable law.

3. When collecting or using personal information, the Mall shall notify the user of the purpose and obtain consent.

4. The Mall shall not use collected personal information for another purpose. If a new purpose arises or information is provided to a third party, the Mall shall notify the user and obtain consent at the use or disclosure stage, except where otherwise provided by law.

5. When consent is required, the Mall shall disclose in advance the identity and contact details of the person responsible for personal information management, the purposes of collection and use, and matters concerning third-party disclosure, including the recipient, purpose, and information provided, as required by applicable law. The user may withdraw consent at any time.

6. A user may request access to or correction of personal information held by the Mall. The Mall shall take necessary action without delay and shall not use disputed information until an error is corrected.

7. The Mall shall limit the persons handling personal information to the minimum necessary and is responsible for user damages caused by loss, theft, leakage, unauthorized third-party disclosure, or alteration of personal information, including credit card and bank account information.

8. The Mall and any third party receiving personal information shall destroy it without delay after achieving the purpose of collection or receipt.

9. The Mall shall not preselect consent to the collection, use, or provision of personal information. It shall specifically identify Services restricted if consent is refused and shall not restrict or deny membership or Services solely because the user refuses consent to optional collection, use, or provision.

Article 18 (Obligations of the Mall)

1. The Mall shall not engage in acts prohibited by law or these Terms or contrary to public order and morals, and shall make its best efforts to provide Goods and Services continuously and reliably.

2. The Mall shall maintain a security system to protect users’ personal information, including credit information, so that users can safely use internet Services.

3. If a user suffers damages because the Mall engaged in an unfair indication or advertising practice prohibited by Article 3 of the Act on Fair Labeling and Advertising, the Mall is responsible for those damages.

4. The Mall shall not send commercial advertising emails that a user does not wish to receive.

Article 19 (Member Responsibilities for ID and Password)

1. Except as provided in Article 17, the member is responsible for managing the member’s ID and password.

2. A member shall not permit a third party to use the member’s ID or password.

3. If a member becomes aware that the member’s ID or password has been stolen or is being used by a third party, the member shall immediately notify the Mall and follow the Mall’s instructions.

Article 20 (User Obligations)

A user shall not: (a) register false information when applying or making changes; (b) misappropriate another person’s information; (c) alter information posted on the Mall; (d) transmit or post information, including computer programs, other than information designated by the Mall; (e) infringe copyrights or other intellectual property rights of the Mall or a third party; (f) damage the reputation of or interfere with the business of the Mall or a third party; or (g) disclose or post obscene or violent messages, images, audio, or other information contrary to public order and morals.

Article 21 (Relationship Between Linked Malls)

1. When an upper-level Mall and lower-level Mall are connected by hyperlink or similar method, the former is the “Linking Mall” and the latter is the “Linked Mall.” Hyperlink targets may include text, images, and video.

2. If the Linking Mall clearly states on its initial screen or in a pop-up at the time of linking that it does not guarantee transactions between users and the Linked Mall for Goods independently provided by the Linked Mall, the Linking Mall bears no warranty responsibility for those transactions.

Article 22 (Ownership of Copyright and Restrictions on Use)

1. Copyrights and other intellectual property rights in works created by the Mall belong to the Mall.

2. A user shall not, without the Mall’s prior consent, reproduce, transmit, publish, distribute, broadcast, commercially use, or permit a third party to use information obtained through the Mall in which intellectual property rights belong to the Mall.

3. If the Mall uses a copyright that belongs to a user under an agreement, the Mall shall notify the user.

Article 23 (Dispute Resolution)

1. The Mall shall establish and operate a compensation body to reflect users’ legitimate opinions or complaints and handle compensation for damages.

2. The Mall shall give priority to complaints and opinions submitted by users. If prompt handling is difficult, the Mall shall immediately inform the user of the reason and the expected schedule.

3. If a user requests relief concerning an e-commerce dispute between the Mall and the user, the dispute may be referred to a mediation body commissioned by the Korea Fair Trade Commission or the relevant city or provincial governor.

Article 24 (Jurisdiction and Governing Law)

1. Litigation concerning an e-commerce dispute between the Mall and a user is subject to the exclusive jurisdiction of the district court having jurisdiction over the user’s address at the time the action is filed, or, if the user has no address, the user’s place of residence. If the user’s address or residence is unclear or the user resides outside Korea, litigation shall be filed in a court having jurisdiction under the Korean Civil Procedure Act.

2. Korean law governs e-commerce litigation between the Mall and a user.