E-Commerce (Internet Cybermall) Standard Terms and Conditions
Standard Terms and Conditions No. 10023
(Revised on June 26, 2015)
Article 1 (Purpose) These Terms and Conditions provide Internet-related services (hereinafter referred to as “Services”) provided by Tamra Rent-a-Car Cyber Mall (hereinafter referred to as “Mall”) operated by Tamra Rent-a-Car Co., Ltd. (e-commerce operator). The purpose is to stipulate the rights, obligations and responsibilities of the cyber mall and users in using it.
※「E-commerce transactions using PC communication, wireless, etc. are subject to these Terms and Conditions unless they are contrary to their nature.」
Article 2 (Definition)
① “Mall” means a virtual business place established by Tamra Rent-a-Car Co., Ltd. to provide goods or services (hereinafter referred to as “goods, etc.”) to users by using information and communication facilities such as computers to trade goods, etc. It refers to, and is also used in the sense of a business operator operating a cyber mall.
② “User” refers to members and non-members who access the “mall” and receive the services provided by the “mall” in accordance with these terms and conditions.
③ ‘Member’ refers to a person who has registered as a member of the “Mall” and can continue to use the services provided by the “Mall”.
④ ‘Non-member’ refers to a person who uses the services provided by the “mall” without subscribing to membership.
Article 3 (Specification, explanation and revision of terms and conditions, etc.)
① "Mall" refers to the contents of these terms and conditions, trade name and representative name, business address (including address where consumer complaints can be handled), phone number, fax number, e-mail address, business registration number, communication The sales business report number and person in charge of personal information management are posted on the initial service screen (front side) of Tamra Rent-a-Car Cyber Mall so that users can easily know. However, the contents of the terms and conditions can be viewed by the user through the connection screen.
② “Mall provides a separate connection screen or pop-up screen so that users can understand important contents such as subscription withdrawal, shipping responsibility, refund conditions, etc. should be saved.
③ “Mall” refers to the 「Act on Consumer Protection in Electronic Commerce, Etc.」, 「Regulation of Terms and Conditions Act」, 「Framework Act on Electronic Documents and Electronic Commerce」, 「Electronic Financial Transaction Act」, 「Electronic Signature Act」, 「Using Information and Communication Network」 These Terms and Conditions may be amended to the extent that they do not violate relevant laws such as the Promotion and Information Protection Act, the Act on Door-to-Door Sales, etc., and the 「Framework Act on Consumers」.
④ If the "mall" amends the terms and conditions, the date of application and the reason for the amendment shall be specified and announced along with the current terms and conditions on the initial screen of the mall from 7 days before the effective date to the day before the effective date. However, if the contents of the terms and conditions are changed unfavorably to the user, it will be notified with a grace period of at least 30 days in advance. In this case, the "mall" clearly compares the content before and after the revision and displays it so that users can easily understand.
⑤ If the "mall" revises the terms and conditions, the revised terms and conditions apply only to contracts concluded after the date of application, and the provisions of the terms and conditions before the revision apply to contracts already concluded before that. However, if a user who has already entered into a contract transmits his or her intention to be subject to the provisions of the amended terms and conditions to the "mall" within the notice period of the amended terms and conditions pursuant to Paragraph 3 and receives the consent of the "mall", the provisions of the amended terms and conditions apply. It's possible.
⑥ Matters not specified in these Terms and Conditions and interpretation of these Terms and Conditions shall be governed by the Act on Consumer Protection in Electronic Commerce, etc., the Act on Regulation of Terms and Conditions, the Consumer Protection Guidelines in Electronic Commerce, etc. set by the Fair Trade Commission, and related laws or commercial practices. follow
Article 4 (Provision and Change of Service)
① "Mall" performs the following tasks.
1. Provision of information on goods or services and conclusion of purchase contract
2. Delivery of goods or services for which a purchase contract has been concluded
3. Other tasks designated by the "mall"
② "Mall" may change the contents of the goods or services to be provided by contracts to be concluded in the future in the event that goods or services are out of stock or technical specifications are changed. In this case, the contents of the changed goods or services and the delivery date are specified and immediately notified to the place where the contents of the current goods or services are posted.
③ If the contents of the service contracted with the user to be provided by the "mall" are changed for reasons such as out of stock or change in technical specifications, the reason is immediately notified to the address where the user can be notified.
④ In the case of the preceding paragraph, the "Mall" compensates for damages suffered by the user. However, this is not the case if the "Mall" proves that there is no intention or negligence.
Article 5 (Suspension of Service)
① "Mall" may temporarily suspend the provision of services in the event of maintenance, inspection, replacement, breakdown of information and communication facilities such as computers, or loss of communication.
② "Mall" compensates for damages suffered by users or third parties due to the temporary suspension of service provision due to the reason in Paragraph 1. However, this is not the case if the "Mall" proves that there is no intention or negligence.
③ In the event that the service cannot be provided due to the conversion of business items, abandonment of business, integration between companies, etc., the "mall" notifies the user in the manner set forth in Article 8 and the consumer according to the conditions originally suggested by the "mall". reward to However, if the "Mall" does not notify the compensation standards, etc., the mileage or reserves of the users will be paid to the users in kind or cash equivalent to the currency value used in the "Mall".
Article 6 (Member Registration)
① The user applies for membership by filling in the member information according to the sign-up form set by the "mall" and expressing his/her intention to agree to these terms and conditions.
② "Mall" registers as a member of the users who have applied for membership as in Paragraph 1, unless they fall under any of the following subparagraphs.
1. If the applicant for membership has previously lost membership in accordance with Article 7, Paragraph 3 of these Terms and Conditions, but 3 years have passed since the loss of membership in accordance with Article 7, Paragraph 3, consent to re-registration as a member of the “Mall” Exceptions are made in cases where
2. If there is falsehood, omission, or typo in the registration information
3. If it is judged that registering as a member is significantly impeded by the technology of the "mall"
③ The time of establishment of the membership contract is when the consent of the "mall" reaches the member.
④ If there is a change in the information registered at the time of membership registration, the member must notify the change within a considerable period of time by modifying member information, etc.
Article 7 (Withdrawal from Membership and Loss of Qualification, etc.)
① Members may request withdrawal at any time to the "Mall", and the "Mall" will immediately process the withdrawal.
② If a member falls under any of the following reasons, "mall" may limit or suspend membership.
1. In the case of registering false information when applying for membership
2. In case the member does not pay the debts borne by the member in relation to the use of the “mall” or the goods purchased using the “mall” on time
3. Threatening the order of e-commerce, such as interfering with other people's use of the "mall" or stealing the information
4. In the case of using the "mall" to act against the law or these terms and conditions, or against public order and morals
③ After the "Mall" restricts or suspends membership, if the same action is repeated twice or more, or if the cause is not corrected within 30 days, the "Mall" may lose membership.
④ If the "mall" loses membership, membership registration is canceled. In this case, the member is notified of this, and a period of at least 30 days or more is set before membership registration is canceled to give the member an opportunity to explain.
Article 8 (Notification to Members)
① If the "mall" notifies the member, the member may do so to the e-mail address specified by the member in advance with the "mall".
② "Mall" can be substituted for individual notices by posting on the "Mall" bulletin board for more than one week in case of notice to unspecified members. However, individual notices are given for matters that have a significant impact on the member's own transaction.
Article 9 (Purchase Application and Consent to Provision of Personal Information, etc.)
① “Mall” users apply for purchases on the “Mall” by the following or similar methods, and the “Mall” must provide each of the following information in an easy-to-understand manner when the user applies for purchase.
1. Search and selection of goods, etc.
2. Enter the recipient's name, address, phone number, e-mail address (or mobile phone number), etc.
3. Confirmation of contents related to the terms and conditions, services for which the right to withdraw subscription is restricted, and burden of expenses such as shipping and installation fees
4. Indicate that you agree to these Terms and Conditions and confirm or reject the items in 3. above
(e.g. mouse click)
5. Consent to request for purchase of goods, etc. and confirmation thereof or confirmation of “mall”
6. Selection of payment method
② In case the "mall" needs to provide purchaser's personal information to a third party: 1) the person to whom the personal information is provided, 2) the purpose of using the personal information of the person to whom the personal information is provided, 3) items of personal information provided, 4) Inform the purchaser of the personal information retention and use period of the recipient of personal information and obtain consent. (The same applies even if the agreed items are changed.)
③ In case the "Mall" entrusts a third party with the task to handle the purchaser's personal information, 1) the person entrusted with the handling of personal information, 2) inform the buyer of the details of the task entrusted with the handling of personal information and agree should receive (The same applies even if the consented items are changed.) However, if it is necessary for the execution of the contract for the provision of services and related to the enhancement of the buyer's convenience, the method prescribed by the 「Act on Promotion of Information and Communications Network Utilization and Information Protection」 By notifying through the privacy policy, you do not have to go through the notification and consent procedures.
Article 10 (Establishment of Contract)
① "Mall" may not accept a purchase request as in Article 9 if it falls under any of the following cases. However, in the case of signing a contract with a minor, you must notify that the minor or his or her legal representative may cancel the contract if the consent of the legal representative is not obtained.
1. If there is falsehood, omission, or typo in the application
2. When a minor purchases goods and services prohibited by the Juvenile Protection Act, such as cigarettes and alcohol
3. If it is judged that accepting other purchase requests is significantly impeded by "mall" technology
② The contract is considered to be concluded when the consent of the "mall" reaches the user in the form of confirmation of receipt in Article 12 (1).
③ The "Mall"'s declaration of intent to accept must include information on the confirmation of the user's purchase request, whether or not it is available for sale, correction and cancellation of the purchase request, etc.
Article 11 (Payment method) The payment method for goods or services purchased in the "mall" can be made by any of the following methods. However, "Mall" cannot collect any nominal fee in addition to the price of goods, etc. for the user's payment method.
1. Various account transfers such as phone banking, internet banking, and mail banking
2. Payment by various cards such as prepaid cards, debit cards, and credit cards
3. Online deposit without a bankbook
4. Payment by electronic money
5. Payment upon receipt
6. Payment by points paid by the "mall" such as mileage
7. Payment by gift certificate contracted with “Mall” or recognized by “Mall”
8. Payment by other electronic payment methods, etc.
Article 12 (Receipt Confirmation Notice, Purchase Request Change and Cancellation)
① "Mall" notifies the user of receipt confirmation when there is a user's purchase request.
② The user who has received the acknowledgment notice may request change or cancellation of the purchase application immediately after receiving the acknowledgment notice if there is any discord between the expressions of intent, and the "mall" may request the request without delay if there is a request from the user prior to delivery. should be processed accordingly. However, if the payment has already been made, the provisions of Article 15 regarding withdrawal of subscription shall be followed.
Article 13 (Supply of goods, etc.)
① "Mall" takes other necessary measures, such as custom-made, packaging, etc. . However, if the "Mall" has already received all or part of the payment for goods, etc., measures will be taken within 3 business days from the date of receipt of all or part of the payment. At this time, the "mall" takes appropriate measures so that the user can check the supply procedure and progress of goods, etc.
② The “Mall” specifies the delivery method, the person responsible for the delivery cost by method, and the delivery period by method for the goods purchased by the user. If the "mall" exceeds the contracted delivery period, it must compensate the user for damages caused by it. However, this is not the case if the "mall" proves that there is no intention or negligence.
Article 14 (Refund) If the "Mall" cannot deliver or provide the goods for which the user has applied for purchase due to reasons such as out of stock, notify the user of the reason without delay and if the payment for the goods has been received in advance We will refund or take necessary measures for refund within 3 business days from the date of payment.
Article 15 (Withdrawal of subscription, etc.)
① A user who has entered into a contract for the purchase of goods with the “mall” is the date of receipt of the written contract in accordance with Article 13, Paragraph 2 of the 「Act on Consumer Protection in Electronic Commerce, Etc.」 C. If the supply of goods, etc. is delayed, the subscription can be withdrawn within 7 days from the date when the goods, etc. are supplied or the supply of goods, etc. begins). However, if the 「Consumer Protection Act in Electronic Commerce, Etc.」 stipulates otherwise regarding the withdrawal of subscription, the provisions of the same law shall apply.
② Users cannot return or exchange goods, etc., if they fall under any of the following subparagraphs.
1. If goods are lost or damaged due to reasons attributable to the user (however, if the packaging, etc. is damaged to check the contents of goods, etc., the subscription can be withdrawn)
2. In case the value of goods, etc. has significantly decreased due to the user's use or partial consumption
3. If the value of goods, etc. has significantly decreased to such an extent that resale is difficult due to the passage of time
4. In case the packaging of the original goods, etc. is damaged when it is possible to duplicate the goods with the same performance
③ In the case of Items 2 or 4 of Paragraph 2, if the “Mall” did not specify in advance the fact that withdrawal of subscription is restricted in a place where consumers can easily find out or provide trial products, the user’s subscription withdrawal etc. are not limited.
④ Notwithstanding the provisions of paragraphs 1 and 2, if the contents of the goods, etc. are different from the contents of the display or advertisement or the contents of the contract are fulfilled differently, within 3 months from the date of supply of the goods, etc., or the date on which the user knows the fact Or, you can withdraw your subscription within 30 days from the date you were able to know.
Article 16 (Effect of Withdrawal of Subscription, etc.)
① "Mall" refunds the goods already paid within 3 business days when goods are returned from the user. In this case, when the "mall" delays the refund of goods, etc. to the user, the delay interest calculated by multiplying the delayed interest rate stipulated in Article 21-2 of the Enforcement Decree of the Consumer Protection Act in Electronic Commerce, etc. is paid for the delay period. .
② In refunding the above amount, when the user pays for goods, etc. by means of payment such as credit card or electronic money, the "Mall" stops the payment of goods, etc. without delay from the business operator who provided the payment method or request to cancel.
③ In the case of subscription withdrawal, etc., the user shall bear the cost required to return the goods supplied. "Mall" does not claim a penalty or compensation for damages to the user for reasons such as withdrawal of subscription. However, if the contents of goods, etc. are different from the displayed or advertised contents or the contents of the contract are fulfilled differently, and the subscription is canceled, etc., the cost required to return the goods, etc. shall be borne by the “mall”.
④ If the user pays the shipping cost when receiving goods, etc., the "Mall" clearly indicates who will bear the cost when the subscription is withdrawn so that the user can easily understand.
Article 17 (Personal Information Protection)
① "Mall" collects the minimum personal information to the extent necessary to provide services when collecting user's personal information.
② “Mall” does not collect information necessary for the fulfillment of the purchase contract in advance when signing up for membership. However, this is not the case when minimum specific personal information is collected in the case where identity verification is required prior to the purchase contract to fulfill obligations under the relevant laws and regulations.
③ "Mall" notifies the user of the purpose and obtains consent when collecting and using the user's personal information.
④ "Mall" cannot use the collected personal information for any purpose other than the purpose, and when a new purpose of use occurs or when it is provided to a third party, the user is notified of the purpose and consent is obtained during the use/provision stage. However, exceptions are made in cases where the relevant laws and regulations stipulate otherwise.
⑤ If the “mall” is required to obtain user consent pursuant to paragraphs 2 and 3, the identity of the person in charge of personal information management (affiliation, name and phone number, other contact information), purpose of collection and use of information, third The matters stipulated in Article 22, Paragraph 2 of the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」, such as matters related to the provision of information to users (recipient, purpose of provision, and contents of information to be provided), must be specified or notified in advance, and users may withdraw this consent at any time.
⑥ Users may request to view and correct errors on their personal information possessed by the "Mall" at any time, and the "Mall" is obligated to take necessary measures without delay. If a user requests correction of an error, the "mall" does not use the personal information until the error is corrected.
⑦ For the protection of personal information, the "mall" should limit the person who handles the user's personal information to a minimum, and the user's personal information, including credit cards and bank accounts, is lost, stolen, leaked, provided to a third party without consent, or altered. We take full responsibility for any damages caused by users.
⑧ “Mall” or a third party who receives personal information from it destroys the personal information without delay when the purpose of collecting or receiving personal information is achieved.
⑨ “Mall” does not set the consent column for the collection, use, and provision of personal information to a pre-selected one. In addition, services that are restricted when the user refuses to consent to the collection, use, and provision of personal information are specified in detail, and services such as membership sign-up for the reason of the user's refusal to consent to the collection, use, and provision of personal information that is not a mandatory collection item are specified. We do not limit or refuse offers.
Article 18 (Obligations of “Mall”)
① "Mall" shall not act prohibited by the law and this Agreement or against public order and morals, and shall do its best to provide goods and services continuously and stably as stipulated in this Agreement.
② "Mall" must have a security system to protect users' personal information (including credit information) so that users can safely use Internet services.
③ The "Mall" shall be responsible for compensating users for damages caused by improper display or advertising of products or services specified in Article 3 of the 「Act on Fair Display and Advertisement」.
④ "Mall" does not send commercial e-mails for commercial purposes that users do not want.
Article 19 (Obligations for Member ID and Password)
① Except for the case of Article 17, the member is responsible for managing the ID and password.
② Members must not let a third party use their ID and password.
③ If a member recognizes that his/her ID and password are stolen or used by a third party, he or she must immediately notify the "mall" and follow the instructions of the "mall".
Article 20 (Obligations of Users) Users shall not engage in the following acts.
1. Registration of false information when applying or changing
2. Stealing other people's information
3. Changes in information posted on the “mall”
4. Transmission or posting of information (computer programs, etc.) other than the information set by the “mall”
5. Infringement of intellectual property rights such as copyrights of “Mall” and other third parties
6. Acts that damage the reputation of “Mall” or other third parties or interfere with their business
7. Disclosure or posting of obscene or violent messages, images, voices, or other information against public order and morals on the mall
Article 21 (Relationship between connection “mall” and connected “mall”)
① If the upper "mall" and the lower "mall" are connected by hyperlink (e.g., the subject of the hyperlink includes text, pictures, and moving images), the former is called the linking "mall" (website), and the latter It is called the connected “mall” (website).
② If the connection “mall” is specified on the initial screen of the connection “mall” or the pop-up screen at the time of connection, the meaning that it does not take responsibility for guarantees for transactions with users by goods independently provided by the connected “mall” We are not responsible for guaranteeing the transaction.
Article 22 (Attribution of Copyright and Restrictions on Use)
① Copyright and other intellectual property rights for the works created by the "Mall" belong to the "Mall".
② Users may use the information for which intellectual property rights are attributed to the “mall” among the information obtained by using the “mall” for commercial purposes by copying, transmitting, publishing, distributing, broadcasting or other methods without the prior consent of the “mall”. You must not let yourself use it.
③ "Mall" must notify the user when using the copyright belonging to the user according to the agreement.
Article 23 (Dispute Resolution)
① "Mall" installs and operates a damage compensation processing organization to reflect legitimate opinions or complaints raised by users and to compensate for such damages.
② The "mall" handles complaints and opinions submitted by users with priority. However, if prompt processing is difficult, the user will be immediately notified of the reason and processing schedule.
③ If there is a user's request for damage relief in relation to an e-commerce dispute that occurred between the "mall" and the user, it may be subject to mediation by the Fair Trade Commission or a dispute mediation agency requested by the mayor/provincial governor.
Article 24 (Jurisdiction and Governing Law)
① Lawsuits regarding e-commerce disputes between the "Mall" and users are subject to the user's address at the time of filing, and if there is no address, the district court that has jurisdiction over the place of residence shall have exclusive jurisdiction. However, if the address or residence of the user is not clear at the time of filing, or if the user is a foreign resident, the complaint shall be brought to the competent court under the Civil Procedure Act.
② Korean law applies to e-commerce lawsuits filed between the "Mall" and users.
