The purpose of the following Terms and Conditions of Use(‘T&C’) is to
establish guidelines on rights, duties and responsibilities of cybermall Users
utilizing the internet-related services (hereinafter referred to as the
‘Services’) provided by the SmileGateShop cybermall (hereinafter referred
to as the ‘Mall’) operated by SmileGateShop
company (e-commerce company).
transactions contradict its properties, the following terms apply to e-commerce
transactions utilizing methods of PC communication, wireless and others』
①‘Mall’ refers to a virtual business site established by SmileGateShop company to trade
goods or services (hereinafter referred to as ‘Goods and Services’) using
computers and information communication facilities to provide Goods and
Services to Users. The term can also
be defined as a company operating a cybermall.
②‘User’ refers to a Member and Non-Member who has accessed
the ‘Mall’ to use the services provided by the ‘Mall’ in accordance with this
③‘Member’ refers to a User who uses the services provided by the ‘Mall’ by subscribing for
④‘Non-Member’ refers to a User who uses the services
provided by the ‘Mall’ without subscription.
3 (Display, Explanation and Amendment of Terms and Conditions of Use)
① The ‘Mall’ shall, for easy recognition by Users, display the contents of this T&C,
name of company and representative, business address(including an address
handling customer complaints), phone number, fax number, email address,
business license number, e-commerce permit number, and the name of personal
information manager on the main page of the
‘Mall’. Only the content of this T&C can be displayed though a link
② Prior to User’s final agreement to this T&C, the
‘Mall’ shall provide a separate link or pop-up screen to obtain User’s verification on the terms of
cancellation rights, delivery responsibilities, refund conditions and other
③ The ‘Mall’ may make amendments within the permissible
range without violating applicable laws such as the 「Act on Consumer Protection in Electronic
Commerce」, 「Regulation of T&C」, 「Framework Act on Electronic Commerce and Electronic
Document」, 「Electronic Financial Transaction Act」, 「Electronic Signature Act」, 「Act on Protection of Information and Promotion of
Utilization of Information and Communications Network」, 「Door-To-Door Sales Act」, 「Framework
Act on Consumers」 and
other related Consumer Protection Laws.
④ The ‘Mall’ shall specify the effective date and the
reasons for amendment of the terms and have post on the initial screen for 7 days prior to effective
date until the day before the effective date.
If the amendment is modified to the User’s disadvantage, then the ‘Mall’ shall
grant at least 30 days of grace period for notice. In this case, the ‘Mall’
shall clarify the ‘before and after’ changes in an ‘easy-to-understand’
⑤ When the ‘Mall’ makes an amendment to the T&C, the
modified T&C shall be applied only to contracts concluded after the
effective date, whereas all contracts concluded before the effective date will remain under the provisions of
the old T&C. However, if the User who has already signed the contract
wishes to have the amendments administered, then the User may send his/her
intent to the ‘Mall’ and acquire consent from the ‘Mall’ within the notice
period stated in Clause ③ and it
shall be applied accordingly.
⑥ Any information not specified and interpreted in this
T&C shall be in accordance with the e-commerce Transaction Guidelines and
Related Consumer Protection Acts provided by the Fair Trade Commission and other applicable Consumer
Protection Laws and Regulation of T&C Act.
4 (Provision & Replacement of Service)
① The ‘Mall’ shall perform the following duties:
1. Provide information regarding Goods and Services and conclude purchasing contracts.
2. Deliver Goods and Services on purchase contract.
3. Other duties designated by the ‘Mall.’
② The ‘Mall’ may replace Goods and Services provided in
future T&C in the event that Goods and Services are sold out or technical
specifications are revised. In this case, the ‘Mall’
shall immediately announce the replacement of Goods and Services and the date
of application on the page where present Goods and Services are
③ In the event that Goods and Services are replaced because
of a change in technical specifications or
when Goods and Services are sold out, the ‘Mall’ shall immediately notify the
cause of replacement to the addresses of the Users.
④ Following the previous Clause, the ‘Mall’ shall
compensate for all damages caused. However,
this shall not apply if the ‘Mall’ proves that such event is not caused by its
intention or negligence.
5 (Suspension of Service)
① The ‘Mall’ may temporarily suspend its services as a
result of the following reasons: maintenance of computers and telecommunications equipment, replacement or
damage repairs, and interruption of communication.
② The ‘Mall’ shall compensate User or any Third Party
Member of damages caused by the temporary suspension of services due to
reason(s) detailed in Clause ①. However, this shall not apply if the ‘Mall’ proves that
such event is not caused by its intention or negligence.
③ In the case of a conversion of business item, abandonment
of business, merging between businesses and for other various reasons, the ‘Mall’ shall notify the consumer as
specified in Article 8 and reward consumer in accordance with the conditions
suggested by the original ‘Mall.’ However, if the ‘Mall’ does not advise such
standard of compensation, the ‘Mall’ shall pay Users for their mileage or
reserve in kind or cash of which value corresponds to the currency being used
at the ‘Mall.’
① The User shall apply for Membership by expressing his/her
intent to agree to this T&C after filling out the form designated by the ‘Mall’ with Member’s personal
② The ‘Mall’ shall register all Users who apply for Membership
in the manner stipulated in Clause ①
unless the User is not engaged in one of the following issues:
1. After the applicant has lost Membership for reasons indicated in Article 7 Clause ③, the applicant may acquire approval to re-subscribe for
Membership three years after the loss of Membership.
2. Entry of false information or omission in the registration form.
3. If deemed that registering the User
would present technical difficulties to the ‘Mall.’
③ Establishment of Membership becomes effective at the time
that the Member receives the ‘Mall’s approval of Membership.
④ In due course of time, the Member shall update the ‘Mall’
with any changes to his/her account
information through the methods of editing personal information.
7 (Withdrawal from Membership & Loss of Eligibility)
① Members of the ‘Mall’ may request, at any time, to
withdraw from Membership and the ‘Mall’ shall immediately process the request.
② The ‘Mall’ may limit or suspend Membership for the
1. Entry of false information or omission in the registration form.
2. If the purchase payment of goods and other ‘Mall’ usage related liabilities
have not been paid for before the
3. If Member interferes with others to use the ‘Mall’ or threatens the order of
e-commerce (such as the illegal use of personal information).
4. If Member uses the ‘Mall’ to act against public order and morals prohibited
by the law and this ‘T&C.’
③ The ‘Mall’ may forfeit Membership of the Member whose
Membership was suspended or limited, if the same actions are repeated twice or
more, or if the cause is not corrected within 30 days.
④ When the ‘Mall’ forfeits Membership, all information will be cancelled. Prior
to cancellation, the ‘Mall’ shall notify the Member and give at least 30 days
or more to grant an opportunity to explain the cause.
8 (Notification to Members)
① Any notifications from the ‘Mall’ will be sent to the email address designated in
advance by the Member during registration.
② In the event of sending notifications to unspecified
Members, a display of notifications on the notice board on the website for 1
week or more may replace sending emails. However, the ‘Mall’ shall send individual notice to a
Member in regards to matters which may have a significant influence in his/her
9 (Application for Purchase)
① The User shall apply for purchase in the following or in
a similar manner, and the ‘Mall’ shall provide the User
with the following information in an ‘easy-to-understand’ manner to aid in
his/her request for purchase.
1. Search and select Goods and Services
2. Enter name of recipient, address, phone number, email address (or mobile
3. Confirm matter(s) in respect to the contents of this T&C, limited
cancellation policies, delivery fees, installation fees, and others
4. Express agreement to this T&C and confirm or refuse the above Item 3
(ex. mouse click)
5. Apply and confirm purchase of goods; Agree to allow confirmation of
application from the ‘Mall’
6. Select payment method
② In case of an inevitable
need (for the ‘Mall’) to disclose∙consign consumer’s personal information to a
third party, the ‘Mall’ shall obtain
consumer’s consent at the time of applying for purchase. This consent is not
obtained in advance at the time of applying for Membership. At this time, the
‘Mall’ shall specify to the consumer the provisions of personal information
that are being disclosed, information of the receiving party, purpose and
intent of use and the duration of retention∙use. But, consignment of personal
information according to Clause ① of Article
25 in the 「Act on
Protection of Information and Promotion of Utilization of Information and
shall comply with relevant laws and legislations in regards to affairs not
mentioned in the Act.
10 (Conclusion of Contract)
① The ‘Mall’ may not accept request for purchase in Article
9 if it falls under one of the
following items. In the event of concluding a contract with a minor, the ‘Mall’
shall notify that the failure to acquire agreement from a legal representative
may cause cancellation of the contract by the minor him/herself or the legal
1. Entry of false information or omission in the registration form
2. Purchase of cigarettes and liquor and other Goods and Services prohibited by
the Youth Protection Law
3. If deemed that accepting application for purchase may cause technical
problems to the ‘Mall’
② The contract is deemed to be concluded when the
acceptance of the ‘Mall’ is delivered to the User in the form stipulated in
Clause ① of Article 12.
③ The acceptance of the ‘Mall’ shall include confirmation
on the User’s request for purchase,
availability of sales, and correction or cancellation of the request for
11 (Payment Method)
The method of payment for Goods and Services purchased through the ‘Mall’ may
be selected from the following items. The ‘Mall’ may not collect any additional
fees regarding payment for Goods and Services.
1. Account transfer through phone banking, internet banking, mail banking and
2. Card payment through prepaid card, debit card, credit card, and others.
3. Online bank transfer
4. Electronic money
5. Payment upon receipt
6. Mileage points or points offered by the ‘Mall’
7. Gift voucher contracted or approved by the ‘Mall’
8. Other means of electronic payment
12 (Notice of Receipt, Change and Cancellation of Application for Purchase)
① The ‘Mall’ shall send a notice of receipt to the User
after receiving the User’s application for purchase.
② In the case of a discord between the User’s intent and
the received notice, the User may change or cancel the application for purchase immediately after receipt. If the request
for change or cancellation is made prior to delivery, the ‘Mall’ shall process
the request accordingly without any delay. In the event that payment has
already been made, User shall follow the guidelines detailed in Article 15 -
Cancellation of Purchase.
13 (Provision of Goods and Services)
① Unless otherwise specified, the ‘Mall’ shall take
necessary measures such as customizing production and packaging and deliver
Goods and Services within 7 days from the date of purchase. However, if the ‘Mall’ has already
received payment in whole or in part, then delivery shall be processed within 3
business days from the date of receipt. In such instances, the ‘Mall’ shall
take necessary measures to inform the User on procedures of provision and
delivery status of Goods and Services.
② The ‘Mall’ shall specify delivery method, payer, and
delivery time for each delivery method for the Goods and Services purchased by
the User. In the event that the ‘Mall’ exceeds the designated period of delivery, it shall compensate the User
for damages. However, this shall not apply if the ‘Mall’ proves that such event
is not caused by its intention or negligence.
In the event that the Goods and Services are sold-out or unavailable and cannot
be provided or delivered to a User who applied for purchase, the ‘Mall’ shall
notify the User without any delay, and if payment for Goods and Services has
already been made in advance, the ‘Mall’ shall take necessary measures or
refund payment within 3 business days from the date of receipt.
15 (Cancellation of Purchase)
① The User who purchased Goods and Services by concluding
the contract with the ‘Mall’ in accordance to Clause ② of Article 13 in the 「Acts on Consumer Protection in Electronic Commerce」 may cancel purchase within 7 days from the
date on which the User received a written contract (if the written contract is
received later than the supply of Goods and Services, then the receipt date is
set on the date when User received the Goods and Services or when Goods and
Services have been supplied). But, cancellation of purchase according to 「Acts on Consumer Protection in Electronic
comply with relevant laws and legislations in regards to affairs not mentioned
in the Acts.
② The User may not return or exchange Goods and Services in
the event of one of the following reasons:
1. Delivered Goods lost or damaged at the fault of the User (however,
cancellation of purchase may be acceptable if packaging was damaged in the process of checking content)
2. Significant decrease in value of Goods and Services due to partial use or
consumption by the User
3. Not available for resale due to a significant decrease in value of Goods and
Services from lapse of time
4. The Goods may be replaced by Goods showing the same performance, but
packaging of the original is damaged
③ In the case of items 2 or 4 of Article 2 Clause ②, the cancellation of purchase by User will not be limited
if the ‘Mall’ failed to clearly specify
the fact that cancellation of purchase is limited or that it would take
necessary measures to provide the Goods.
④ Despite Clause ① and ②, the User may cancel his/her purchase of goods within 3
months from the date of receipt of the goods or within 30 days from the date on which he/she recognized
or could have recognized that Goods and Services differ from the advertisement
or the provision of contract.
16 (Effect of Cancellation of Purchase)
① In the event of a return of Goods from a User, the ‘Mall’ shall refund payment of Goods within
3 business days. In the event of a delay in refund, the ‘Mall’ shall pay User
with the interest calculated by the number of days delayed with the overdue
interest rate indicated on the 「Act
on Consumer Protection in Electronic Commerce」
② In regards to the above-mentioned case, if the User made
payment of Goods with credit card or electronic money, the ‘Mall’ shall
immediately request the business who provided such payment method to suspend or
③ In the event of any cancellation of purchase, the User
shall bear the costs arising from returning the Goods. On the account of the
User’s cancellation of purchase, the ‘Mall’ shall not claim charge for
cancellation or compensation for damage. However, in the event of a cancellation of purchase caused by a
discord in the contents of Goods and the advertisement or the provision of
contract, the ‘Mall’ shall bear the costs of returning the Goods.
④ If the User bore the delivery fees when he/she received
the Goods, the ‘Mall’ shall specify and make
noticeable as to who would bear the delivery fees upon cancellation of
17 (Protection of Personal Information)
① The ‘Mall’ collects a minimum amount of information
necessary to provide the services.
② At the time of applying for Membership, the ‘Mall’ shall
not collect information needed for the performance of purchase contract in
advance. But, in the case where personal identification is required before the
performance of a purchase contract, a minimum
amount of specified personal information is collected for the fulfillment of
obligation in regards to relevant laws and legislation.
③ The ‘Mall’ shall obtain consent from User to collect∙use
personal information by notifying User with the aim/purpose of collection∙use.
④ The ‘Mall’ shall not use the personal information outside
their intended purpose. In the event of an uprising of a new use or when
disclosing to third parties, the ‘Mall’ shall notify the purpose of use and
obtain consent from User
during the stage of use disclosure. But, there are exceptions for
cases regulated in the relevant laws and legislations.
⑤ In the event that the ‘Mall’ is required to acquire the
approval of User by Clause ② and ③, the ‘Mall’ shall specify its personal information manager (affiliation, name,
phone number, other contact information), purpose of collection and use of
information, information about Third Party (recipient, purpose of provision and
the information to be provided), and the provisions stipulated in Clause ② of Article 22 of the 「Act on Protection of Information and Promotion of
Utilization of Information and Communications Network」. The User may at any time cancel his/her
⑥ User may, at any time, request for confirmation and
correction of error in their personal information
possessed by the ‘Mall,’ and the ‘Mall’ shall be responsible for taking any
necessary measures without any delay. In the event that a User requests for the
correction of an error, the ‘Mall’ shall not use the applicable personal
information until error is corrected.
⑦ For protection of personal information, the ‘Mall’ shall
limit the number of persons handling personal information to a minimum, and
shall be responsible for any damages caused by loss, theft, leakage, falsification, and disclosure of
personal information including credit card and bank account information to
third parties without consent of the User.
⑧ The ‘Mall’ or any Third Parties who received personal
information from the ‘Mall,’ shall without any delay destroy all personal information once the purpose
of collection has been achieved.
⑨ The ‘Mall’ shall not have the agreement form regarding
the collection∙use∙disclosure of personal information set to be filled out in
advance. The ‘Mall’ must specify
services that will be restricted if User does not agree to the
collection∙use∙disclosure of personal information, and the ‘Mall’ shall not
limit services or refuse to accept Membership applications on the basis of
User’s refusal to agree to collecting∙using∙disclosing of personal information
that do not include the collection of compulsory information.
18 (Obligations of the ‘Mall’)
① The ‘Mall’ shall not take any actions against public
policy or actions restricted by the law and this T&C. The ‘Mall’ shall put its best efforts in providing
Goods and Services on a stable basis in accordance with the provisions in this
② The ‘Mall’ shall be equipped with a security system to
protect personal information of Users (including credit information) and provide a safe environment for Users to
use the online services.
③ In accordance with Article 3 of the Law related to 『Fairness of Display and Advertisement』, the ‘Mall’ shall be responsible to
compensate User(s) if damages were caused by displaying or adding unjust or
unreasonable advertisement for certain Goods and Services
④ The ‘Mall’ shall not send any
profit-making emails which are not wanted by Users.
19 (Obligations for ID & Password of Member)
① Member shall be responsible for the management of his/her ID and password,
except for the case in Article 17.
② Member shall not allow any Third Party to use his/her ID
③ When a Member recognizes that his/her ID and/or password
is stolen or is being used by a Third Party, the Member shall immediately notify the ‘Mall’, and follow the
instructions of the ‘Mall.’
20 (Obligations of User)
Users shall avoid the following actions:
1. Register false information at the time application or revision of
2. Use others’ personal information
3. Change information displayed on the ‘Mall’
4. Remit or display information (computer program and others) other than the
information put on by the ‘Mall’
5. Infringe copyright or intellectual property rights of the ‘Mall’ or the
6. Take any action that harms the reputation and interrupts the operation of
the ‘Mall’ or a Third Party
7. Disclose or display any information containing indecent or violent message,
video, voice, and other information going against good public order and morals.
21 (Relationship between Linking Mall & Linked Mall)
① In the event that the main mall and the sub-mall are
linked with a hyperlink (ex. the subject of hyperlink includes text, image and
video), the former is called as the Linking Mall (Website) and the latter is called as the Linked
② If the Linking Mall specifies and notifies the fact that
it is not responsible for any transaction with the User for any Goods and
Services independently provided by the Linked Mall on the initial page of the website of the Linking Mall or
a pop-up window, then the Linking Mall is not responsible for such transaction.
22 (Copyright & Limitation of Use)
① The copyright and other intellectual property rights for
the works produced by the ‘Mall’ shall belong to the
② The User may not use or cause any Third Party to use
information with intellectual property rights belonging to the ‘Mall’ for
reproduction, transmission, publishing, distribution, broadcasting or other
profit-making use without prior consent of the
③ The ‘Mall’ shall notify the User when using the copyright
belonging to the applicable User in accordance with mutual T&C.
23 (Resolution of Dispute)
① The ‘Mall’ shall apply and reflect the opinion or complaint made by User(s), and install
and operate a process for compensation of consumers’ damages.
② The ‘Mall’ shall give priority to any opinion or
complaint made by User(s). However, in the event that it may not be able to
promptly deal with the matter, the
‘Mall’ shall notify the User with the cause and the final settlement
③ When a User files for Remedy of Damage regarding a
dispute between the ‘Mall’ and the User, the matter may be commissioned for
arbitration by the Fair Trade Commission
or a Dispute Conciliation Services Organization selected by the City
24 (Jurisdiction & Governing Law)
① All e-commerce related lawsuits between the ‘Mall’ and a
User shall be in accordance with the address of the User at the time of indictment. If an address is nonexistent,
then the lawsuit shall fall under exclusive jurisdiction of the district court
in the vicinity of User’s place of residence. In the event that the address or
residence of the User is not clear at the time of indictment or if User is a
foreign resident, the lawsuit shall be filed to the competent court on the
Civil Procedures Code.
② Any and all e-commerce-related lawsuits between the
‘Mall’ and a User shall be governed by the law of the Republic of Korea.