2025/02/13
1.1 Purpose
These terms set out the rights, obligations and responsibilities of the cyber mall and its users in relation to the internet services (the “Service”) provided by the tuff cyber mall (the “Mall”) operated by Tuff Studio (an electronic commerce operator).
These terms shall also apply, mutatis mutandis, to electronic commerce conducted via PC communications, wireless networks and the like, insofar as it is not contrary to their nature.
1.2 Definitions
“Mall” means the virtual place of business set up by Tuff Studio using computers and other information and communications facilities so that goods or services (“Goods”) can be traded with users, and is also used to mean the operator running the cyber mall.
“User” means a member or non-member who accesses the Mall and receives the Service provided by the Mall under these terms.
“Member” means a person who has registered with the Mall and may continuously use the Service provided by the Mall.
“Non-member” means a person who uses the Service provided by the Mall without joining as a member.
1.3 Posting, Explanation and Amendment of Terms
The Mall posts these terms, together with its trade name, representative’s name, business address (including the address of the place handling consumer complaints), telephone number, fax number, e-mail address, business registration number, mail-order business report number and the name of the privacy officer, on the initial service screen so that users can easily find them. However, the content of the terms may be made viewable through a linked screen.
Before a user agrees to the terms, the Mall shall provide a separate linked or pop-up screen for important matters such as withdrawal of subscription, delivery responsibility and refund conditions, and obtain the user’s confirmation.
The Mall may amend these terms within the scope that does not violate relevant 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 Digital Signature Act, the Act on Promotion of Information and Communications Network Utilisation and Information Protection, the Door-to-Door Sales Act and the Framework Act on Consumers.
When amending the terms, the Mall shall announce the effective date and reasons for amendment, together with the current terms, on the initial screen from 7 days before the effective date until the day before it. However, where the amendment is unfavourable to users, it shall be announced with a grace period of at least 30 days in advance, and the Mall shall clearly compare the content before and after the amendment so that users can readily understand it.
Amended terms apply only to contracts concluded after the effective date; contracts already concluded before then remain subject to the terms in force at that time. However, a user who has already concluded a contract and wishes to be governed by the amended terms may, within the announcement period, notify the Mall and, upon the Mall’s consent, be subject to the amended terms.
Matters not provided for in these terms and their interpretation shall follow the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the consumer protection guidelines for electronic commerce set by the Fair Trade Commission, and relevant statutes or commercial practice.
1.4 Provision and Change of Services
The Mall performs the following work:
- Provision of information on goods or services and conclusion of purchase contracts
- Delivery of goods or services for which a purchase contract has been concluded
- Other work determined by the Mall
In the event of a sell-out or a change of technical specifications, the Mall may change the content of goods or services to be provided under future contracts. In that case, it shall immediately post the changed content and provision date where the current content is posted.
Where the Mall changes the content of a service contracted with a user due to a sell-out or a change of technical specifications, it shall immediately notify the user at a contactable address.
In such a case the Mall shall compensate the user for any resulting damage, except where it proves that there was no intent or negligence on its part.
1.5 Suspension of Services
The Mall may temporarily suspend the Service in the event of maintenance, replacement or breakdown of computers and other information and communications facilities, or interruption of communications.
The Mall shall compensate users or third parties for damage caused by such temporary suspension, except where it proves that there was no intent or negligence on its part.
Where the Service can no longer be provided due to a change of business, abandonment of business, integration between companies and the like, the Mall shall notify users by the prescribed method and compensate consumers under the conditions originally presented. Where the Mall has not announced compensation standards, it shall pay users their mileage or points in kind or in cash equivalent to the currency value used in the Mall.
1.6 Membership Registration
A user applies for membership by entering member information in the form prescribed by the Mall and indicating agreement to these terms.
The Mall registers as a member an applicant under paragraph 1 unless the applicant falls under any of the following:
- The applicant previously lost membership under these terms (except where 3 years have passed since such loss and the Mall consents to re-registration)
- There is false information, omission or error in the registration content
- Registering the person as a member is otherwise judged to significantly hinder the Mall’s technical operations
The membership contract is formed when the Mall’s acceptance reaches the member.
If there is any change to the information registered at sign-up, the member shall notify the Mall of the change within a reasonable period, for example by amending member information.
1.7 Withdrawal and Loss of Membership
A member may request withdrawal from the Mall at any time, and the Mall shall process the withdrawal immediately.
The Mall may restrict or suspend membership if a member falls under any of the following:
- Registering false information at sign-up
- Failing to pay, when due, the price of goods purchased using the Mall or other debts owed in connection with use of the Mall
- Threatening the order of electronic commerce by interfering with others’ use of the Mall or stealing their information
- Using the Mall to commit acts prohibited by law or these terms, or contrary to public order and morals
If, after the Mall restricts or suspends membership, the same act is repeated two or more times or the cause is not rectified within 30 days, the Mall may cause the member to lose membership.
Where the Mall causes loss of membership, it cancels the member registration. In that case it notifies the member and, before cancellation, gives at least 30 days for the member to explain.
1.8 Notice to Members
Where the Mall gives notice to a member, it may do so to the e-mail address agreed and designated in advance with the Mall.
For notice to an unspecified number of members, the Mall may substitute individual notice by posting on the Mall’s bulletin board for at least one week. However, individual notice is given for matters that materially affect the member’s own transactions.
1.9 Purchase Application
A user applies to purchase on the Mall by the following or similar methods, and the Mall shall provide the following in an easy-to-understand manner:
- Search and selection of goods
- Entry of the recipient’s name, address, telephone number and e-mail address (or mobile number)
- Confirmation of the terms, services with restricted withdrawal rights, and cost-bearing such as delivery fees and installation charges
- Indication of agreeing to these terms and confirming or declining item 3 (e.g. a mouse click)
- Purchase application for goods and confirmation of it, or agreement to the Mall’s confirmation
- Selection of payment method
Where the Mall needs to provide or entrust a buyer’s personal information to a third party, it must obtain the buyer’s consent at the time of the actual purchase application and shall not obtain blanket consent in advance at sign-up. In that case the Mall must specify the personal information items provided, the recipient, the recipient’s purpose of use, and the retention and use period. However, where relevant laws provide otherwise — such as entrustment of personal information handling under Article 25(1) of the Act on Promotion of Information and Communications Network Utilisation and Information Protection — those laws apply.
1.10 Formation of Contract
The Mall may decline to accept a purchase application under 1.9 in the following cases. However, when contracting with a minor, it must give notice that the minor or their legal representative may cancel the contract if the legal representative’s consent is not obtained:
- There is false information, omission or error in the application
- A minor purchases goods or services prohibited under the Juvenile Protection Act, such as tobacco or alcohol
- Accepting the application is otherwise judged to significantly hinder the Mall’s technical operations
The Mall’s expression of acceptance must include confirmation of the user’s purchase application, whether the sale is possible, and information on correcting or cancelling the application.
1.11 Payment Methods
Payment for goods or services purchased on the Mall may be made by any of the following available methods. The Mall may not add any surcharge of any kind to the price of goods on account of the payment method:
- Account transfers such as phone banking, internet banking and mail banking
- Card payments such as prepaid, debit and credit cards
- Online bank deposit without a bankbook
- Payment on receipt
- Payment by points issued by the Mall, such as mileage
- Payment by gift certificates contracted with or recognised by the Mall
- Payment by other electronic means
1.12 Receipt Confirmation, Change and Cancellation of Purchase
Where there is a user’s purchase application, the Mall sends the user a receipt confirmation notice.
A user who receives the receipt confirmation may, if there is a discrepancy in intent, immediately request a change or cancellation of the purchase, and the Mall shall process the request without delay if made before delivery. However, if payment has already been made, the withdrawal provisions of 1.15 apply.
1.13 Supply of Goods
Unless otherwise agreed with the user on the timing of supply, the Mall shall take necessary measures such as custom-manufacture and packaging so that goods can be delivered within 7 days of the user’s subscription. However, where the Mall has already received all or part of the price, it takes measures within 3 business days of receiving all or part of the price. The Mall shall take appropriate measures so that the user can check the supply procedure and progress.
The Mall specifies the delivery method for purchased goods, who bears the delivery cost for each method, and the delivery period for each method. If the Mall exceeds the agreed delivery period, it shall compensate the user for the resulting damage, except where it proves there was no intent or negligence.
1.14 Refund
Where the Mall cannot deliver or provide goods applied for because they are out of stock or otherwise unavailable, it shall notify the user of the reason without delay, and where it has received payment in advance shall refund it or take measures for a refund within 3 business days of receiving the payment.
1.15 Withdrawal of Subscription
A user who has concluded a purchase contract with the Mall may withdraw the subscription within 7 days of the date of receiving the written contract under Article 13(2) of the Act on Consumer Protection in Electronic Commerce (or, if the goods were supplied later than that document, the date of receiving the goods or the date supply began). However, where that Act provides otherwise for withdrawal, that Act applies.
Once goods have been delivered, a user may not return or exchange them in the following cases:
- The goods are lost or damaged for reasons attributable to the user (except where packaging was damaged to check the contents)
- The value of the goods has significantly decreased due to the user’s use or partial consumption
- The value of the goods has significantly decreased over time to the point that resale is difficult
- Where copying is possible with goods of the same performance, the packaging of the original goods has been damaged
In the cases of the 2nd to 4th items above, if the Mall did not clearly state in advance, in a place easily seen by consumers, that withdrawal is restricted, or did not provide a trial product, the user’s right of withdrawal is not restricted.
Notwithstanding the above, where the goods differ from their labelling or advertisement or were performed differently from the contract, the user may withdraw the subscription within 3 months of the date of supply, or within 30 days of the date the user became or could have become aware of the fact.
1.16 Effect of Withdrawal
Where the Mall receives returned goods, it refunds the price already received within 3 business days. If the Mall delays the refund, it pays delay interest calculated by multiplying the delay period by the delay interest rate prescribed in Article 21-2 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce.
When refunding, if the user paid by credit card or electronic money, the Mall shall without delay request the provider of that payment means to stop or cancel the charge.
In the case of withdrawal, the user bears the cost of returning the goods. The Mall does not claim a penalty or damages against the user on account of withdrawal. However, where withdrawal is due to goods differing from their labelling or advertisement or the contract, the Mall bears the return cost.
Where the user bore the delivery cost when receiving the goods, the Mall clearly indicates who bears that cost upon withdrawal so that the user can easily understand it.
1.17 Protection of Personal Information
When collecting a user’s personal information, the Mall collects the minimum information necessary to provide the Service.
The Mall does not collect in advance, at sign-up, information needed to perform a purchase contract. However, this does not apply where a minimum of specific personal information is collected because identity verification is required before the purchase contract to fulfil legal obligations.
When collecting and using a user’s personal information, the Mall notifies the user of the purpose and obtains consent.
The Mall may not use collected personal information for purposes other than intended; where a new purpose arises or the information is provided to a third party, it notifies the user of the purpose and obtains consent at the use/provision stage, except where relevant laws provide otherwise.
Where consent is required, the Mall must specify or notify in advance the matters prescribed by Article 22(2) of the Act on Promotion of Information and Communications Network Utilisation and Information Protection — such as the identity of the privacy officer, the purpose of collection and use, and third-party provision — and the user may withdraw consent at any time.
A user may at any time request to view and correct their personal information held by the Mall, and the Mall is obliged to take necessary measures without delay. Where a user requests correction of an error, the Mall does not use the personal information until the error is corrected.
The Mall must limit those who handle personal information to a minimum and bears full responsibility for damage caused by loss, theft, leakage, provision to third parties without consent, or alteration of the user’s personal information, including credit cards and bank accounts.
The Mall or a third party who received personal information from it destroys the personal information without delay once the purpose of collection or provision is achieved.
The Mall does not pre-select the consent box for collection, use and provision of personal information. It specifies which services are restricted if the user declines consent, and does not restrict or refuse services such as sign-up on the ground that the user declined consent for non-mandatory personal information.
1.18 “몰“의 의무
The Mall shall not commit acts prohibited by law or these terms or contrary to public order and morals, and shall do its best to provide goods and services continuously and stably as set out in these terms.
The Mall must have a security system to protect users’ personal information (including credit information) so that users can use internet services safely.
If the Mall causes a user damage by unfair labelling or advertising under Article 3 of the Act on Fair Labelling and Advertising for goods or services, it is liable to compensate for it.
The Mall does not send commercial e-mail for profit that the user does not want.
1.19 Member’s Obligations for ID and Password
Except in the case of 1.17, responsibility for managing the ID and password rests with the member.
A member must not allow a third party to use their ID and password.
If a member becomes aware that their ID or password has been stolen or is being used by a third party, they must immediately notify the Mall and follow its guidance.
1.20 User’s Obligations
A user must not do the following:
- Registering false information when applying or amending
- Stealing others’ information
- Altering information posted on the Mall
- Sending or posting information (e.g. computer programs) other than that specified by the Mall
- Infringing the copyright or other intellectual property rights of the Mall or third parties
- Damaging the reputation of, or interfering with the business of, the Mall or third parties
- Disclosing or posting obscene or violent messages, images, audio or other information contrary to public order and morals on the Mall
1.21 Relationship between Linking Mall and Linked Mall
Where an upper Mall and a lower Mall are connected by hyperlink (the target may include text, images and moving images), the former is called the linking Mall (website) and the latter the linked Mall (website).
The linking Mall bears no guarantee liability for transactions between users and goods independently provided by the linked Mall, where it states as much on its initial screen or in a pop-up at the point of linking.
1.22 Copyright and Restrictions on Use
Copyright and other intellectual property rights in works created by the Mall belong to the Mall.
A user must not, without the Mall’s prior consent, use for profit or allow a third party to use — by reproduction, transmission, publication, distribution, broadcasting or other means — information obtained from using the Mall in which intellectual property rights belong to the Mall.
Where the Mall uses copyright belonging to a user under an agreement, it shall notify that user.
1.23 Dispute Resolution
The Mall establishes and operates a damage compensation body to reflect legitimate opinions or complaints raised by users and to compensate for their damage.
The Mall handles complaints and opinions submitted by users as a priority. However, where prompt handling is difficult, it immediately notifies the user of the reason and the schedule for handling.
Where a user files for relief in relation to an electronic commerce dispute between the Mall and the user, the matter may be subject to mediation by a dispute mediation body entrusted by the Fair Trade Commission or a Mayor/Governor.
1.24 Jurisdiction and Governing Law
A lawsuit over an electronic 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 of filing, or, if there is no address, over the user’s residence. Where the user’s address or residence is unclear at the time of filing, or for overseas residents, the suit is filed with the competent court under the Civil Procedure Act.
Korean law applies to electronic commerce lawsuits filed between the Mall and a user.