Terms and Conditions

Article 1 (Purpose) The purpose of these Terms and Conditions is to stipulate the rights, obligations, and responsibilities of users when using internet-related services (the “Service”) provided by Funscape Co., Ltd. (the “Company” or “Funscape”).

Article 2 (Definitions)

① “Funscape Shopping Mall” (the “Website” or “Mall”) refers to a virtual business place established by the Company using information and communication facilities, such as computers, to trade goods or services (“Goods, etc.”) with users, and also refers to the business entity operating the cyber mall.

② “User” refers to members and non-members who access the “Mall” and receive services provided by the “Mall” in accordance with these Terms and Conditions.

③ “Member” refers to an individual who has registered as a member on the “Mall” and is entitled to continuously use the services provided by the “Mall.”

④ “Non-Member” refers to an individual who uses the services provided by the “Mall” without registering as a member.

Article 3 (Specification, Explanation, and Amendment of Terms, etc.)

① The “Mall” shall post the contents of these Terms and Conditions, business name, representative's name, business address (including the address where consumer complaints can be resolved), telephone number, facsimile number, email address, business registration number, mail-order business report number, and personal information manager, etc., on the initial service screen (front page) of the website so that users can easily recognize them. However, the details of the Terms and Conditions may be made available to users through a link screen.

② Prior to the user agreeing to the Terms and Conditions, the “Mall” shall seek the user's confirmation by providing a separate link screen or pop-up screen to facilitate understanding of critical matters, such as withdrawal of subscription, delivery responsibility, refund conditions, and other key provisions set forth herein.

③ The “Mall” may amend these Terms and Conditions to the extent that it does not violate applicable laws, including the 「Act on Consumer Protection in Electronic Commerce」, the 「Act on the Regulation of Terms and Conditions」, the 「Framework Act on Electronic Documents and Transactions」, the 「Electronic Financial Transactions Act」, the 「Digital Signature Act」, the 「Act on Promotion of Information and Communications Network Utilization and Information Protection」, the 「Act on Door-to-Door Sales」, and the 「Framework Act on Consumers」.

④ When the “Mall” amends the Terms and Conditions, the effective date and reasons for the amendment shall be specified and announced on the initial page of the Mall alongside the current Terms and Conditions from 7 days prior to the effective date up to the day immediately preceding the effective date. However, if the amendment is unfavorable to the User, it shall be announced with a prior notice period of at least 30 days. In this case, the “Mall” shall clearly display a comparison of the provisions before and after the amendment for ease of understanding.

⑤ When the “Mall” amends the Terms and Conditions, the amended terms shall apply only to contracts concluded after the effective date, and the existing provisions shall apply to contracts concluded prior to that date. However, if a user who has already entered into a contract communicates a request to be subject to the amended terms within the notice period under Paragraph 3 and receives consent from the “Mall,” the amended terms shall apply.

⑥ Any matters not stipulated in these Terms and Conditions and the interpretation thereof shall be governed by the Act on Consumer Protection in Electronic Commerce, the Act on the Regulation of Terms and Conditions, the Consumer Protection Guidelines in Electronic Commerce prescribed by the Fair Trade Commission, and relevant laws, regulations, or commercial practices.

Article 4 (Provision and Modification of Services)

① The “Mall” performs the following operations:

Provision of information regarding goods or services and execution of purchase contracts
Delivery of goods or services for which purchase contracts have been executed
Other operations designated by the “Mall”

② In the event of out-of-stock goods or services or changes in technical specifications, the “Mall” may modify the contents of the goods or services to be provided under contracts to be concluded in the future. In this case, the modified contents of the goods or services and the date of provision shall be specified and immediately announced where the current contents of the goods or services are posted.

③ If the “Mall” modifies the contents of the service agreed upon with the user due to reasons such as out-of-stock goods or changes in technical specifications, the reason shall be immediately notified to the user at an address capable of receiving notification.

④ In the case of the preceding paragraph, the “Mall” shall compensate the user for any damages incurred thereby. However, this shall not apply if the “Mall” proves the absence of intentional misconduct or negligence.

Article 5 (Suspension of Service)

① The “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 interruption of communication.

② The “Mall” shall compensate the user or a third party for damages incurred due to the temporary suspension of service provision under Paragraph 1. However, this shall not apply if the “Mall” proves the absence of intentional misconduct or negligence.

③ In the event that services cannot be provided due to conversion of business items, abandonment of business, integration between enterprises, etc., the “Mall” shall notify users via the method specified in Article 8 and compensate consumers in accordance with the conditions initially proposed by the “Mall.” However, if the “Mall” has not notified compensation standards, the users' mileage or accumulated points shall be paid in kind or in cash equivalent to the currency value used in the “Mall.”

Article 6 (Membership Registration)

① A user applies for membership registration by filling in member information according to the registration form prescribed by the “Mall” and expressing intent to agree to these Terms and Conditions.

② The “Mall” shall register as members those users who apply for membership under Paragraph 1, unless they fall under any of the following categories:

If the applicant has previously lost membership status pursuant to Article 7, Paragraph 3 of these Terms and Conditions; provided, however, that an exception is made for those for whom 3 years have elapsed since the loss of membership status under Article 7, Paragraph 3 and who have obtained re-registration approval from the “Mall.”
If there is any false information, omission, or typographical error in the registration details
If it is determined that registering the applicant as a member significantly impedes the technical operations of the “Mall”

③ The membership contract shall be deemed established when the acceptance by the “Mall” reaches the member.

④ If there is any change in the details registered at the time of membership sign-up, the member must notify the “Mall” of such changes within a reasonable period by modifying their member information.

Article 7 (Withdrawal of Membership and Loss of Qualification, etc.)

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

② If a member falls under any of the following reasons, the “Mall” may restrict or suspend the member's qualification:

Registering false information during the application process
Failing to pay on time the amounts due for goods purchased through the “Mall” or other debts borne by the member in connection with the use of the “Mall”
Disrupting electronic commerce order, such as interfering with another person's use of the “Mall” or misappropriating their information
Using the “Mall” to engage in acts prohibited by law or these Terms and Conditions, or contrary to public order and good morals

③ If the same act is repeated twice or more or the reason is not corrected within 30 days after the “Mall” has restricted or suspended membership qualification, the “Mall” may revoke the membership qualification.

④ When the “Mall” revokes membership qualification, the member registration shall be cancelled. In this case, the member shall be notified and granted an opportunity to provide an explanation for a period of at least 30 days prior to the cancellation of registration.

Article 8 (Notification to Members)

① When the “Mall” gives notification to a member, it may be sent to the email address designated by the member in advance agreement with the “Mall.”

② In the case of notification to an unspecified large number of members, the “Mall” may substitute individual notification by posting on the “Mall” bulletin board for at least one week. However, individual notification shall be given for matters that have a material impact on the member's own transaction.

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

① A user of the “Mall” shall apply for purchase on the “Mall” through the following or similar methods, and the “Mall” shall provide the following contents in an easily understandable manner when the user applies for purchase:

Search and selection of Goods, etc.
Entry of recipient's name, address, telephone number, email address (or mobile phone number), etc.
Confirmation of terms and conditions, services subject to restricted subscription withdrawal rights, and cost-bearing details such as shipping and installation fees
Indication of agreeing to these Terms and Conditions and confirming or rejecting the matters in Item 3 above

(e.g., mouse click)

Application for purchase of goods, etc., and confirmation thereof, or consent to confirmation by the "Mall"
Selection of payment method

② When the "Mall" needs to provide the buyer's personal information to a third party, it must notify the buyer of and obtain consent for: 1) the recipient of the personal information, 2) the recipient's purpose of using the personal information, 3) the specific items of personal information provided, and 4) the retention and usage period of the personal information by the recipient. (The same applies if any previously consented matters change.)

③ When the "Mall" entrusts the handling of the buyer's personal information to a third party, it must notify the buyer of and obtain consent for: 1) the party entrusted with personal information handling, and 2) the scope of the entrusted tasks. (The same applies if any previously consented matters change.) However, if it is necessary for the execution of the contract for service provision and related to the improvement of user convenience, notification through the Privacy Policy in the manner prescribed by the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」 shall exempt the Mall from standard notice and consent procedures.

Article 10 (Formation of Contract)

① The "Mall" may refuse to accept a purchase order as specified in Article 9 in any of the following cases. However, in the case of concluding a contract with a minor, it must be notified that the minor or their legal representative may cancel the contract if consent from the legal representative is not obtained.

If there is any false information, omitted information, or clerical error in the application
If a minor purchases goods or services prohibited under the Juvenile Protection Act, such as tobacco or alcohol
If it is deemed that accepting the purchase order would cause significant technical impediment to the "Mall"

② The contract shall be deemed formed when the acceptance of the "Mall" reaches the user in the form of an acknowledgment notice pursuant to Article 12, Paragraph 1.

③ The expression of acceptance by the "Mall" must include information regarding confirmation of the user's purchase application, product availability, and correction or cancellation of the purchase application.

Article 11 (Payment Method) Payment for goods or services purchased from the "Mall" may be made through any of the following available methods. However, the "Mall" shall not collect any additional fees under any pretext on the payment method used by the user for goods, etc.

Various account transfers such as phone banking, internet banking, and email banking
Various card payments such as prepaid cards, debit cards, and credit cards
Online direct wire transfer (without bankbook)
Payment via electronic money
Payment upon receipt
Payment using points issued by the "Mall", such as mileage
Payment via gift certificates contracted with or recognized by the "Mall"
Payment via other electronic payment methods, etc.

Article 12 (Notice of Receipt, Change, and Cancellation of Purchase Application)

① The "Mall" shall send a notice of receipt to the user upon receiving a purchase application.

② A user who has received a notice of receipt may immediately request a change or cancellation of the purchase application upon receiving the notice if there is any discrepancy in intention. If such a request is made by the user prior to shipment, the "Mall" shall process the request without delay. However, if payment has already been made, the provisions regarding subscription withdrawal under Article 15 shall apply.

Article 13 (Supply of Goods, etc.)

① Unless there is a separate agreement regarding the supply schedule of goods, etc., the "Mall" shall take necessary measures such as custom fabrication, packaging, etc., to ensure delivery within seven (7) days from the date of the user's order. However, if the "Mall" has already received all or part of the payment for the goods, etc., such measures shall be taken within three (3) business days from the payment receipt date. At this time, the "Mall" shall take appropriate measures to allow the user to check the supply procedures and progress of the goods, etc.

② The "Mall" shall specify the delivery method, party bearing the delivery costs per method, and estimated delivery period per method for the goods purchased by the user. If the "Mall" exceeds the agreed delivery period, it must compensate the user for any resulting damages. However, this shall not apply if the "Mall" proves that there was no intentional misconduct or negligence.

Article 14 (Refunds) When the goods, etc. requested by the user cannot be delivered or provided due to reasons such as being out of stock, the "Mall" shall notify the user of the reason without delay. If payment has been received in advance, the refund or necessary measures for a refund shall be executed within three (3) business days from the date of payment receipt.

Article 15 (Subscription Withdrawal, etc.)

① A user who has entered into a contract with the "Mall" for the purchase of goods, etc. may withdraw the subscription within seven (7) days from the date of receiving the written contract terms pursuant to Article 13, Paragraph 2 of the 「Act on the Consumer Protection in Electronic Commerce, etc.」 (or from the date of receipt/commencement of the supply of goods, etc. if the supply is made later than the receipt of the written document). However, if the 「Act on the Consumer Protection in Electronic Commerce, etc.」 provides otherwise regarding subscription withdrawal, the provisions of the said Act shall apply.

② The user cannot return or exchange the goods, etc. in any of the following cases after receiving delivery:

If the goods, etc. are lost or damaged due to reasons attributable to the user (however, the subscription may be withdrawn if the packaging was damaged solely to inspect the contents of the goods, etc.)
If the value of the goods, etc. has significantly decreased due to use or partial consumption by the user
If the value of the goods, etc. has significantly decreased over time to the extent that resale is difficult
If the packaging of the original goods, etc. is damaged where such goods can be duplicated into items with identical performance

③ In the cases of Paragraph 2, Items 2 through 4, the user's right to withdraw subscription shall not be restricted unless the "Mall" has taken measures such as clearly specifying in advance where consumers can easily notice that subscription withdrawal is restricted, or providing trial products.

④ Notwithstanding the provisions of Paragraphs 1 and 2, if the contents of the goods, etc. differ from the displayed or advertised details or are performed differently from the terms of the contract, the user may withdraw the subscription within three (3) months from the date of receipt, or within thirty (30) days from the date the user became aware or could have become aware of such fact.

Article 16 (Effects of Subscription Withdrawal, etc.)

① Upon receiving the returned goods, etc. from the user, the "Mall" shall refund the payment already received within three (3) business days. In this case, if the "Mall" delays the refund of the goods, etc. to the user, it shall pay default interest calculated by multiplying the delay period by the statutory interest rate prescribed in Article 21-2 of the 「Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.」

② In refunding the aforementioned payment, if the user paid for the goods, etc. using a payment method such as a credit card or electronic money, the "Mall" shall promptly request the payment service provider to suspend or cancel the charge for the goods, etc.

③ In the event of a subscription withdrawal, the costs required for returning the supplied goods, etc. shall be borne by the user. The "Mall" shall not claim any penalty or compensation for damages from the user due to the subscription withdrawal. However, if the subscription is withdrawn because the contents of the goods, etc. differ from what was displayed/advertised or performed differently from the contract, the costs of returning the goods, etc. shall be borne by the "Mall".

④ If the user bore the initial shipping cost upon receiving the goods, etc., the "Mall" shall clearly indicate who bears the cost upon subscription withdrawal in a manner easily understood by the user.

Article 17 (Privacy Protection)

① When collecting personal information from users, the "Mall" collects the minimum necessary personal information within the scope required to provide services.

② The "Mall" does not collect information required for the execution of a purchase contract in advance upon membership registration. However, this does not apply to collecting minimum specific personal information when identity verification is required prior to a purchase contract to fulfill obligations under relevant laws and regulations.

③ When the "Mall" collects and uses a user's personal information, it shall notify the user of the purpose and obtain their consent.

④ The "Mall" shall not use the collected personal information for purposes other than the intended purpose. When a new purpose of use arises or when providing information to a third party, the purpose shall be notified to the user at the stage of use/provision, and consent shall be obtained. However, exceptions shall be made where otherwise provided by relevant laws and regulations.

⑤ When the "Mall" is required to obtain the User's consent pursuant to Paragraphs 2 and 3, the matters stipulated in Article 22, Paragraph 2 of the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.」—including the identity of the Privacy Officer (affiliation, name, telephone number, and other contact details), the purpose of collecting and using information, and matters concerning the provision of information to third parties (the recipient, purpose of provision, and details of the information to be provided)—must be specified or notified in advance. The User may withdraw this consent at any time.

⑥ The User may request access to and correction of errors in their personal information held by the "Mall" at any time, and the "Mall" is obligated to take the necessary measures without delay. If a User requests the correction of an error, the "Mall" shall not use the personal information in question until the error is corrected.

⑦ To protect personal information, the "Mall" shall limit the number of personnel handling the User's personal information to a minimum and assumes full liability for any damages incurred by the User resulting from the loss, theft, leakage, unauthorized third-party provision, or alteration of the User's personal information, including credit card and bank account details.

⑧ The "Mall" or any third party that has received personal information from it shall destroy the personal information without delay once the purpose of its collection or provision has been achieved.

⑨ The "Mall" does not set the consent box for the collection, use, and provision of personal information as pre-selected. In addition, the "Mall" explicitly specifies the specific services that will be restricted if the User refuses consent for the collection, use, and provision of personal information, and will not restrict or refuse the provision of services, such as membership registration, solely because the User refuses consent for the collection, use, and provision of non-mandatory personal information items.

Article 18 (Obligations of the "Mall")

① The "Mall" shall not engage in any acts prohibited by laws and these Terms and Conditions or contrary to public order and morals, and shall do its utmost to continuously and stably provide goods and services in accordance with these Terms and Conditions.

② The "Mall" must maintain a security system to protect User personal information (including credit information) so that Users can safely use internet services.

③ If a User suffers damages due to the "Mall" engaging in unfair labeling or advertising practices as prescribed in Article 3 of the 「Act on Fair Labeling and Advertising」 regarding products or services, the "Mall" shall be liable for compensation.

④ The "Mall" shall not send commercial advertising e-mails for profit against the User's explicit wishes.

Article 19 (Obligations Regarding Member ID and Password)

① Except in cases under Article 17, the Member is responsible for managing their ID and password.

② Members shall not allow third parties to use their ID and password.

③ If a Member becomes aware that their ID and password have been stolen or are being used by a third party, the Member must immediately notify the "Mall" and follow any instructions provided by the "Mall".

Article 20 (Obligations of the User) Users must not engage in the following acts:

Registering false information during application or modification
Misappropriating another person's information
Altering information posted on the "Mall"
Transmitting or posting information (computer programs, etc.) other than that designated by the "Mall"
Infringing upon the intellectual property rights, including copyrights, of the "Mall" or third parties
Damaging the reputation of or obstructing the operations 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

Article 21 (Relationship Between the Linking "Mall" and Linked "Mall")

① If an upstream "Mall" and a downstream "Mall" are connected via hyperlink (e.g., hyperlinks targeting text, images, moving pictures, etc.), the former is referred to as the Linking "Mall" (website) and the latter as the Linked "Mall" (website).

② If the Linking "Mall" explicitly indicates on its initial screen or on a pop-up screen at the time of connection that it does not assume warranty liability for transactions conducted between the User and the Linked "Mall" for goods independently provided by the Linked "Mall", it shall not bear warranty liability for such transactions.

Article 22 (Attribution of Copyright and Restrictions on Use)

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

② Users shall not use information obtained through the use of the "Mall" in which intellectual property rights belong to the "Mall" for commercial purposes via reproduction, transmission, publication, distribution, broadcasting, or other methods, nor allow third parties to use it, without prior consent from the "Mall".

③ When the "Mall" uses copyrights belonging to a User pursuant to an agreement, it must notify the User in question.

Article 23 (Dispute Resolution)

① The "Mall" establishes and operates a damage compensation processing mechanism to reflect legitimate opinions or complaints raised by Users and to handle compensation for such damages.

② The "Mall" prioritizes handling complaints and opinions submitted by Users. However, if prompt handling is difficult, the "Mall" shall immediately notify the User of the reasons and the processing schedule.

③ In the event of an e-commerce dispute between the "Mall" and a User, if the User files an application for damage relief, it may be subject to mediation by a dispute mediation agency commissioned by the Fair Trade Commission or the relevant Mayor/Provincial Governor.

Article 24 (Jurisdiction and Governing Law)

① Lawsuits concerning e-commerce disputes arising between the "Mall" and the User shall be under the exclusive jurisdiction of the district court having jurisdiction over the User's address at the time of filing, or their place of residence if there is no address. However, if the User's address or residence is unclear at the time of filing, or in the case of a foreign resident, the lawsuit shall be brought to the competent court pursuant to the Civil Procedure Act.

② Korean law shall apply to e-commerce lawsuits filed between the "Mall" and the User. End.