Terms of Service

Article 1: Purpose

This agreement aims to define the rights, obligations, and responsibilities of Cerulea (hereinafter referred to as “Mall”) and users in utilizing the internet-related services (hereinafter referred to as “Services”) provided by Cerulea Cyber Mall (hereinafter referred to as “Mall”) operated by Cerulea (electronic commerce business operator).

※ This agreement applies mutatis mutandis to electronic commerce using PC communication, wireless, etc., as long as it does not contradict its nature.

Article 2: Definitions

1. “Mall” refers to the virtual business site set up by Cerulea to provide goods or services (hereinafter referred to as “Goods, etc.”) to users using computers and other information and communication equipment and is also used to mean the business operator running the cyber mall.
2. “User” refers to both members and non-members who access the “Mall” and receive the services provided by the “Mall” in accordance with this agreement.
3. ‘Member’ refers to a person who has registered as a member in the “Mall” and can continuously use the services provided by the “Mall.”
4. ‘Non-member’ refers to a person who uses the services provided by the “Mall” without registering as a member.

Article 3: Display, Explanation, and Amendment of Terms and Conditions

1. The “Mall” shall display the contents of this agreement, the name of the representative, the address of the place of business (including the address where consumer complaints can be handled), telephone number, fax number, email address, business registration number, e-commerce registration number, personal information management officer, etc., on the initial service screen of the Cerulea Cyber Mall (front page) so that users can easily see them. However, the content of the agreement can be viewed through a connected screen.
2. The “Mall” must provide a separate connection screen or pop-up screen for users to understand important contents such as withdrawal of subscription, delivery responsibility, and refund conditions before they agree to the terms.
3. The “Mall” may amend this agreement to the extent that it does not violate related laws such as the Consumer Protection in Electronic Commerce Act, the Regulation of Terms and Conditions Act, the Basic Act on Electronic Documents and Electronic Transactions, the Electronic Financial Transactions Act, the Electronic Signatures 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 the agreement, it shall specify the application date and reason for the amendment and notify it along with the current agreement on the initial screen of the Mall from 7 days before the application date to the day before the application date. However, if the contents of the agreement are changed unfavorably for the user, a minimum grace period of 30 days shall be provided. In this case, the “Mall” clearly compares the content before and after the revision so that users can easily understand.
5. When the “Mall” amends the agreement, the amended agreement shall apply only to contracts concluded after the application date, and the previous terms of the agreement shall apply to contracts already concluded before the application date. However, if a user who has already concluded a contract wishes to be subject to the provisions of the amended agreement, the user may send the intention to the “Mall” within the notice period of the amended agreement under paragraph 3, and the “Mall” may apply the provisions of the amended agreement with the consent of the “Mall.”
6. Matters not stipulated in this agreement and the interpretation of this agreement shall be governed by the Consumer Protection in Electronic Commerce Act, the Regulation of Terms and Conditions Act, the guidelines for consumer protection in electronic commerce determined by the Fair Trade Commission, related laws, and customary practices.

Article 4: Provision and Change of Services

1. The “Mall” performs the following tasks:
   • Providing information about goods or services and concluding purchase contracts
   • Delivery of goods or services for which purchase contracts have been concluded
   • Other tasks determined by the “Mall”
2. The “Mall” may change the content of goods or services to be provided under contracts to be concluded in the future in case of the sellout of goods or changes in technical specifications. In this case, the changed contents of the goods or services and the date of provision shall be specified and immediately notified on the place where the current goods or services are posted.
3. If the “Mall” changes the contents of the service contracted with the user to be provided due to sellout of goods or changes in technical specifications, the “Mall” shall immediately notify the user of the reason at an address where the user can be contacted.
4. In the case of the preceding paragraph, the “Mall” compensates the user for damages caused by this. However, this is not the case if the “Mall” proves that there is no intention or negligence.

Article 5: Suspension of Services

1. The “Mall” may temporarily suspend the provision of services in case of maintenance, replacement, breakdown of computers, and other information and communication facilities, or interruption of communication.
2. The “Mall” compensates the user or third party for damages caused by the temporary suspension of the provision of services for the reasons mentioned in paragraph 1. However, this is not the case if the “Mall” proves that there is no intention or negligence.
3. In the case where the “Mall” cannot provide services due to changes in business categories, abandonment of business, or integration between companies, the “Mall” notifies the users in the manner stipulated in Article 8 and compensates consumers according to the conditions originally presented by the “Mall.” However, if the “Mall” does not notify the compensation standards, the users’ mileage or reserves are paid in cash or equivalent physical goods used in the “Mall.”

Article 6: Membership Registration

1. The user applies for membership by entering user information according to the registration form set by the “Mall” and expressing their consent to this agreement.
2. The “Mall” registers as members those users who apply for membership as described in paragraph 1, unless they fall under the following items:
   • If the applicant has previously lost membership in accordance with paragraph 3 of Article 7 of this agreement, but has obtained the consent of the “Mall” for re-registration, exceptions are made.
   • In case of false information, omission of details, or typographical errors in the registration
   • If it is judged that registering as a member would significantly hinder the technology of the “Mall”
3. The time of the establishment of the membership contract is when the acceptance of the “Mall” reaches the member.
4. If there is any change in the registered matters at the time of membership registration, the member must notify the “Mall” of the change within a considerable period by modifying member information.

Article 7: Withdrawal of Membership and Loss of Eligibility

1. Members can request withdrawal from the “Mall” at any time, and the “Mall” handles withdrawal immediately.
2. The “Mall” may restrict or suspend membership if the member falls under the following items:
   • In case of false registration at the time of application
   • If the member does not pay the debts related to the goods purchased using the “Mall” or other usage of the “Mall” on the due date
   • If the member interferes with others’ use of the “Mall” or steals the information, thereby threatening electronic commerce order
   • If the member uses the “Mall” to engage in acts prohibited by laws or this agreement or contrary to public order and morals
3. After the “Mall” restricts or suspends membership, if the same act is repeated twice or more or the reason is not corrected within 30 days, the “Mall” may lose membership.
4. If the “Mall” loses membership, the membership registration is canceled. In this case, the member is notified and given an opportunity to explain before the membership registration is canceled at least 30 days before.

Article 8: Notification to Members

1. When the “Mall” notifies members, it can be done to the email address designated by the member in advance with the “Mall.”
2. The “Mall” can replace individual notifications by posting on the “Mall” bulletin board for at least one week in case of notification to an unspecified number of members. However, individual notifications are made for matters that have a significant impact on the member’s own transaction.

Article 9 (Purchase Application and Consent to Provide Personal Information)

1. The user applies for a purchase on the “Mall” by the following or similar methods, and the “Mall” must provide the following information in an easy-to-understand manner when the user applies for a purchase:
   • Search and selection of goods, etc.
   • Enter the recipient’s name, address, phone number, email address (or mobile phone number), etc.
   • Confirmation of contents of the agreement, services with limited rights to withdraw the subscription, shipping fees, installation fees, etc.
   • Indication of agreement to this agreement and confirmation or rejection of the items in 3. (e.g., mouse click)
   • Application for purchase of goods, etc., and confirmation of this or consent to confirmation by the “Mall”
   • Selection of payment method
2. If the “Mall” needs to provide the buyer’s personal information to a third party, it must notify the buyer of:
   • The recipient of the personal information
   • The purpose of using the personal information
   • The items of personal information provided
   • The retention and usage period of the personal information of the recipient
3. If the “Mall” needs to entrust the buyer’s personal information to a third party for handling, it must notify the buyer of:
   • The party entrusted with handling the personal information
   • The purpose and scope of the handling of personal information
   • However, in the case of service provision contracts for the convenience of the buyer, the “Mall” may notify the buyer through the personal information processing policy without obtaining separate consent.

Article 10 (Contract Formation)

1. The “Mall” may not accept a purchase application as described in Article 9 in the following cases. However, if a contract is concluded with a minor, it must notify that the contract can be canceled by the minor or the legal representative without consent:
   • If there are false, missing, or incorrect entries in the application
   • If a minor purchases goods or services prohibited by the Juvenile Protection Act, such as tobacco or alcohol
   • If it is judged that accepting the purchase application is significantly difficult due to technical issues
2. The contract is considered formed when the “Mall” sends an acknowledgment receipt to the user in the form of a confirmation notice as stipulated in Article 12, Paragraph 1.
3. The “Mall” shall include information on the confirmation notice such as confirmation of the user’s purchase application, availability of the product, and modification or cancellation of the purchase application.

Article 11 (Payment Methods)

The user can pay for goods or services purchased from the “Mall” through any of the following methods, provided that the “Mall” does not add any additional fees to the payment method: 1. Various account transfers such as phone banking, internet banking, and mail banking 2. Prepaid cards, debit cards, credit cards, etc. 3. Online non-bank transfers 4. Electronic currency payments 5. Payment upon receipt 6. Payment with points such as mileage provided by the “Mall” 7. Payment with gift certificates contracted or recognized by the “Mall” 8. Payment through other electronic payment methods

Article 12 (Receipt Confirmation Notification, Purchase Application Modification and Cancellation)

1. The “Mall” shall send a receipt confirmation notice to the user when there is a purchase application.
2. The user who receives the receipt confirmation notice can request modification or cancellation of the purchase application immediately after receiving the notice if there is a discrepancy in their intention, and the “Mall” shall process the request promptly if it is made before shipping. However, if payment has already been made, the provisions of Article 15 concerning withdrawal of subscription, etc., shall apply.

Article 13 (Supply of Goods, etc.)

1. Unless otherwise agreed upon with the user, the “Mall” shall take the necessary measures such as custom-made production and packaging so that the goods can be shipped within 7 days from the day of the user’s purchase application. If the “Mall” has already received full or partial payment for the goods, measures shall be taken within 3 business days from the date of receipt of payment. The “Mall” shall take appropriate steps to ensure that the user can check the supply procedure and progress of the goods.
2. The “Mall” shall specify the delivery method, delivery cost burden for each method, and delivery period for each method for the goods purchased by the user. If the “Mall” exceeds the agreed delivery period, it shall compensate the user for the damages. However, this is not the case if the “Mall” proves that there is no intention or negligence.

Article 14 (Refunds)

The “Mall” shall promptly notify the user of the reason and refund or take necessary measures within 3 business days if it is unable to deliver the goods due to sellout or other reasons.

Article 15 (Withdrawal of Subscription, etc.)

1. The user who has entered into a contract for the purchase of goods, etc., with the “Mall” may withdraw the subscription within 7 days from the date of receipt of the contract details under the Consumer Protection in Electronic Commerce Act. If the goods, etc., are supplied later than the contract details, the subscription can be withdrawn within 7 days from the date of receipt of the goods. However, if the Consumer Protection in Electronic Commerce Act stipulates otherwise for the withdrawal of subscription, those provisions shall follow.
2. The user cannot return or exchange goods in the following cases after receiving them:
   • If the goods are lost or damaged due to the user’s responsibility (except for the case where the packaging is damaged to check the contents of the goods)
   • If the value of the goods, etc., has significantly decreased due to the user’s use or partial consumption
   • If the value of the goods, etc., has significantly decreased over time to the extent that resale is difficult
   • If the packaging of replicable goods, etc., is damaged
3. In cases of Paragraph 2, Items 2 to 4, if the “Mall” did not clearly indicate in advance that the withdrawal of subscription is restricted or did not provide a trial product, the user can withdraw the subscription.
4. If the goods, etc., are different from the indication/advertisement or are not fulfilled as per the contract, the user can withdraw the subscription within 3 months from the date of receiving the goods or within 30 days from the date of recognizing the fact.

Article 16 (Effects of Withdrawal of Subscription, etc.)

1. The “Mall” shall refund the user within 3 business days after receiving the goods. If there is a delay in the refund, the “Mall” shall pay interest for the delay calculated by multiplying the delay period by the interest rate stipulated in the Consumer Protection in Electronic Commerce Act Enforcement Decree.
2. When the “Mall” refunds the payment received from the user, if the user made the payment with a credit card or electronic currency, the “Mall” shall promptly request the business operator who provided the payment method to suspend or cancel the claim for the payment.
3. The user shall bear the cost of returning the goods due to withdrawal of subscription. The “Mall” shall not claim any penalty or compensation for damages from the user for the withdrawal of subscription. However, if the goods are different from the indication/advertisement or the contract is not fulfilled as per the contract, the “Mall” shall bear the cost of returning the goods.
4. If the user bears the shipping cost when receiving the goods, the “Mall” shall clearly indicate who bears the cost when withdrawing the subscription.

Article 17 (Protection of Personal Information)

1. The “Mall” shall collect the minimum personal information necessary to provide the service when collecting the user’s personal information.
2. The “Mall” shall not collect the information needed to fulfill the purchase contract at the time of member registration in advance. However, this does not apply to cases where minimum specific personal information is collected for identity verification before the purchase contract to fulfill the obligations under the related laws.
3. When the “Mall” collects and uses the user’s personal information, it must notify the user of the purpose and obtain consent.
4. The “Mall” shall not use the collected personal information for purposes other than the intended purpose, and if a new purpose of use occurs or if it is provided to a third party, it shall notify the user of the purpose at the stage of use and provision and obtain consent. However, if there are different provisions in the related laws, it shall follow them.
5. If the “Mall” needs to obtain the user’s consent under Paragraphs 2 and 3, it shall specify or notify the information specified in Article 22, Paragraph 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection in advance, such as the identity of the personal information management officer (department, name, and phone number, other contact information), purpose of collection and use of information, matters concerning provision of information to third parties (recipient, purpose of provision, and content of information provided), and the user can withdraw this consent at any time.
6. The user can request access to and correction of errors in their personal information held by the “Mall” at any time, and the “Mall” shall promptly take necessary measures. If the user requests correction of an error, the “Mall” shall not use the personal information until the error is corrected.
7. The “Mall” shall limit the handling of personal information to the minimum necessary to protect personal information, and shall bear all responsibility for any loss, theft, leakage, unauthorized provision to third parties, or### Article 9 (Purchase Application and Consent to Provide Personal Information)
8. The user applies for a purchase on the “Mall” by the following or similar methods, and the “Mall” must provide the following information in an easy-to-understand manner when the user applies for a purchase:
   • Search and selection of goods, etc.
   • Enter the recipient’s name, address, phone number, email address (or mobile phone number), etc.
   • Confirmation of contents of the agreement, services with limited rights to withdraw the subscription, shipping fees, installation fees, etc.
   • Indication of agreement to this agreement and confirmation or rejection of the items in 3. (e.g., mouse click)
   • Application for purchase of goods, etc., and confirmation of this or consent to confirmation by the “Mall”
   • Selection of payment method
9. If the “Mall” needs to provide the buyer’s personal information to a third party, it must notify the buyer of:
   • The recipient of the personal information
   • The purpose of using the personal information
   • The items of personal information provided
   • The retention and usage period of the personal information of the recipient
10. If the “Mall” needs to entrust the buyer’s personal information to a third party for handling, it must notify the buyer of:
    • The party entrusted with handling the personal information
    • The purpose and scope of the handling of personal information
    • However, in the case of service provision contracts for the convenience of the buyer, the “Mall” may notify the buyer through the personal information processing policy without obtaining separate consent.

Article 18 (Obligations of the “Mall”)

1. The “Mall” shall not engage in any act prohibited by laws and these terms or against public order and morals, and shall make its best efforts to provide goods and services continuously and stably in accordance with these terms.
2. The “Mall” shall establish a security system to protect users’ personal information (including credit information) so that users can use the internet service safely.
3. The “Mall” shall compensate for any damages suffered by users due to the violation of the obligations stipulated in these terms or laws, except in cases where the “Mall” proves that there is no intention or negligence.
4. The “Mall” shall not send commercial electronic mails for profit purposes that users do not want.

Article 19 (Obligations of Members regarding ID and Password)

1. The responsibility for managing the ID and password, except for Article 17, rests with the member.
2. Members shall not allow any third party to use their ID and password.
3. If a member recognizes that their ID and password have been stolen or are being used by a third party, they shall immediately notify the “Mall” and follow the guidance provided by the “Mall.”

Article 20 (User’s Obligations)

Users shall not:

1. Register false information at the time of application or change.
2. Steal someone else’s information.
3. Change information posted on the “Mall.”
4. Transmit or post information (such as computer programs) other than the information set by the “Mall.”
5. Infringe on the intellectual property rights of the “Mall” or any third party.
6. Defame or interfere with the business of the “Mall” or any third party.
7. Post or transmit obscene or violent messages, images, voices, or other information that goes against public order and morals on the “Mall.”

Article 21 (Relationship between Linking “Mall” and Linked “Mall”)

1. If the upper “Mall” and the lower “Mall” are connected by a hyperlink (e.g., the subject of the hyperlink includes text, images, and moving images), the former is referred to as the linking “Mall” and the latter as the linked “Mall.”
2. The linking “Mall” does not bear responsibility for transactions made independently by the linked “Mall” with users unless it clearly states its intention to bear such responsibility on the initial screen of the linking “Mall” or in a pop-up screen at the time of connection.

Article 22 (Ownership and Restrictions on Use of Copyrights)

1. The copyright and other intellectual property rights for works created by the “Mall” belong to the “Mall.”
2. Users shall not use information obtained by using the “Mall” for commercial purposes by copying, transmitting, publishing, distributing, broadcasting, or otherwise, without prior consent from the “Mall.”
3. If the “Mall” uses the copyright belonging to the user under an agreement, it shall notify the user.

Article 23 (Dispute Resolution)

1. The “Mall” shall establish and operate a damage compensation mechanism to reflect legitimate opinions or complaints raised by users and to compensate for the damage.
2. The “Mall” shall prioritize the handling of complaints and opinions submitted by users. However, if prompt processing is difficult, the reason and processing schedule shall be immediately notified to the user.
3. In the event of a dispute related to electronic commerce transactions between the “Mall” and a user, if the user applies for damage relief, it can be handled according to the mediation of the dispute resolution agency commissioned by the Fair Trade Commission or the local government.

Article 24 (Jurisdiction and Governing Law)

1. Litigation related to e-commerce disputes between the “Mall” and a user shall be based on the user’s address at the time of filing, and if there is no address, the local court having jurisdiction over the place of residence shall have exclusive jurisdiction. However, if the user’s address or place of residence is not clear at the time of filing or if the user resides abroad, it shall be submitted to the competent court under the Civil Procedure Act.
2. Korean law shall apply to e-commerce lawsuits filed between the “Mall” and users.

Article 25 (Others)

1. Any matters not stipulated in these Terms and Conditions shall be governed by relevant laws and regulations of the Republic of Korea, such as the Consumer Protection Act in Electronic Commerce, the Framework Act on Electronic Commerce, the Electronic Financial Transactions Act, and the Telecommunications Business Act.
2. The “Mall” shall comply with the Consumer Protection Guidelines in E-commerce issued by the Fair Trade Commission and other relevant authorities.
3. If the “Mall” provides links to other websites, the “Mall” has no control over and is not responsible for the contents of those websites.
4. The user must promptly notify the “Mall” of any changes to their registered information, such as address, contact information, and payment details, to ensure the proper handling of transactions and communications.
5. The “Mall” is not responsible for any damages resulting from the user’s failure to maintain the confidentiality of their account information, such as login credentials and payment details.
6. The “Mall” reserves the right to amend these Terms and Conditions at any time. The amended Terms and Conditions will be posted on the “Mall’s” website and will take effect immediately upon posting. Users are encouraged to review the Terms and Conditions regularly to stay informed of any changes.

Article 26 (Contact Information)

1. For any inquiries, complaints, or disputes regarding these Terms and Conditions or the services provided by the “Mall,” users can contact the “Mall” through the following:
   • Customer Service Department: Customer Center
   • Email: info@cerulea.co.kr
   • Personal Information Protection Officer: VO THI THUY LINH
   • Email: lynh@cerulea.co.kr
2. The “Mall” will make its best efforts to respond promptly and effectively to any inquiries, complaints, or disputes submitted by users.

These Terms and Conditions are effective from June 16, 2024.