Shopping service terms and conditions

Article 1 (Purpose)

The purpose of these Terms and Conditions is to define the rights, obligations, and responsibilities between users in connection with the use of e-commerce services (hereinafter referred to as the “Services”) provided by Hanpass Co., Ltd. (hereinafter referred to as the “Company”) through its online platform [www.hanmarket.co.kr] and the Hanpass mobile application (hereinafter referred to as the “Hanpass App”), and to promote mutual development through faithful implementation thereof.

 

Article 2 (Definitions)

1.     The term “Hanmarket” refers to the virtual marketplace established and operated by the Company to enable users to purchase or sell goods or services (hereinafter collectively referred to as “Products”) through computers, information and communication devices, or mobile communication devices such as smartphones. This term includes all online websites and mobile applications operated by the Company.

2.     The term “User” (including Purchasers and Purchasing Members) means any individual, whether registered or unregistered, who accesses Hanmarket and uses the Services provided by the Company in accordance with these Terms and Conditions.

3.     The term “Member” means an individual who has registered with the Company’s mobile application, the “Hanpass App,” by providing an ID, password, and other required information, and who agrees to the Hanmarket Terms and Conditions and the Company’s Privacy Policy in order to use the Services.

4.     The term “Non-member” means an individual who uses the Services via the “Hanmarket” online website without registering as a Member through the “Hanpass App”.

5.     The term “Seller” (or Selling Member) means an individual or entity that has entered into a service agreement with the Company and actually lists and sells products on “Hanmarket”.

6.     Any terms not defined in this Article shall be interpreted in accordance with customary business practices and general commercial usage.

 

Article 3 (Publication, Explanation, and Amendment of the Terms and Conditions)

1.     The Company shall make these Terms and Conditions, along with the Company’s name, representative’s name, business address (including the address where customer complaints may be handled), telephone number, e-mail address, business registration number, and mail-order business license number, easily accessible to Users by posting them on the Hanmarket online shopping mall. The content of the Terms may also be made available through linked screens.

2.     Prior to a User’s consent to these Terms, the Company shall provide a separate linked screen or pop-up screen that clearly explains key provisions, such as withdrawal of an offer, delivery responsibilities, and refund conditions, to ensure that the User fully understands such important terms before agreeing.

3.     The Company may amend these Terms and Conditions to the extent permitted under applicable laws and regulations of the Republic of Korea, including but not limited to 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, etc, and the Framework Act on Consumers.

4.     In the event the Company amends these Terms, it shall specify the effective date and the reason for amendment, and publicly announce them along with the current Terms on Hanmarket at least seven (7) days prior to the effective date until the day before such date. However, if the amendment is disadvantageous to Users, the Company shall provide at least thirty (30) days’ prior notice. In such cases, the Company shall present both the previous and amended versions in a manner that allows Users to easily identify the differences.

5.     In the event the Company amends these Terms, any amended Terms shall apply only to contracts concluded after the effective date, while contracts entered into prior to such date shall remain subject to the previous Terms. Notwithstanding an existing User expressly agrees to the application of the amended Terms by submitting consent to Hanmarket during the notice period provided under Paragraph 4, the amended Terms shall apply accordingly.

6.     Matters not stipulated herein and the interpretation of these Terms shall be governed by the Act on Consumer Protection in Electronic Commerce, Etc., the Act on the Regulation of Terms and Conditions, the Guidelines for Consumer Protection in Electronic Commerce established by the Fair Trade Commission, and other relevant laws, regulations, or established commercial practices.

 

Article 4 (Provision and Modification of Services)

1.     The Company provides the following Services:
(1) E-commerce services (including intermediary services for online transactions) and other services in connection therewith;
(2) Any other services or business operations determined by the Company.

2.     In the event a product becomes out of stock or modification of technical specifications, the Company may modify the content of the Products or Services to be provided under future contracts. In such cases, the Company shall immediately announce the revised details and the effective date by posting them where the current Product or Service information is displayed.

3.     If the Company needs to change the details of Services already contracted with a User due to reasons such as stock unavailability or modification of technical specifications, the Company shall immediately notify such reasons to users individually.

4.     The Company shall compensate the User for the damage incurred in the event of the foregoing. However, this shall not apply if the Company proves that the loss did not result from its intentional act or negligence.

 

Article 5 (Suspension of Services)

1.     The Company may temporarily suspend the provision of Services in the event of maintenance, inspection, replacement, or malfunction of information and communication facilities (including servers), or interruption of communication networks.

2.     The Company shall compensate Users or any third parties for damages incurred as a result of temporary service suspension under Paragraph 1. However, this shall not apply if the Company proves that such damages were not caused by its intentional act or negligence.

3.     In cases where the Company is unable to continue providing the Services due to reasons such as a change in its line of business, discontinuation of operations, business suspension, closure, or merger and acquisition, the Company shall notify Users in accordance with Article 7 and provide compensation to Users under the conditions originally presented by the Company.

 

Article 6 (Loss of User Qualification)

1.     The Company may restrict and suspend a User’s access to the Services if the User falls under any of the following circumstances:
(1) Failure to make payment for purchased Products or any other obligations related to the use of Hanmarket by the due date;
(2) Interfering with another person’s use of Hanmarket or unlawfully using another person’s information;
(3) Infringing upon the rights, reputation, credit, or other legitimate interests of other Users or third parties;
(4) Violating applicable laws or what these terms and conditions ban or act behaviors contrary to public order and morals, through the use of Hanmarket.

2.     If the same act is repeated two (2) or more times after the restriction or suspension of the Services, or the cause of such restriction is not corrected within five (5) business days, the Company may permanently restrict the User’s access to Hanmarket Services.

3.     In the event that the Company permanently restricts a User’s access to the Services, the Company shall notify the User in accordance with Article 7 and provide an opportunity to explain within five (5) business days prior to the enforcement of such measure.

 

Article 7 (Notices to Members)

1.     The Company may provide notices to Members through electronic means, such as e-mail, text messages to mobile phones, or KakaoTalk notifications.

2.     For notices to an unspecified number of Members or Users, the Company may substitute individual notice by posting the notice on Hanmarket’s website for more than seven (7) consecutive days. However, matters that materially affect an individual Member’s transactions shall be notified separately.

3.     Members shall provide the Company with accurate and up-to-date contact information, including a valid mobile phone number, e-mail address, and mailing address, and shall confirm notices sent by the Company.

4.     The Company shall not be held responsible for any disadvantages incurred by a Member’s failure to fulfill the obligations set forth in the preceding paragraph, unless such failure is attributable to the Company.

5.     If the Company delivers a notice using any of the contact methods provided by the Member under Paragraph 1, the notice shall be deemed duly given in accordance with these Terms.

 

Article 8 (Purchase Application)

1.     A User may apply to purchase Products through the Hanmarket Store by following   or in a similar manner and the Company shall provide the User each of the following information clearly so that the Users can easily understand.

(1) Search and selection of Products;
(2) Entry of recipient information such as name, address, telephone number, and e-mail address (or mobile phone number);
(3) Confirmation of the Terms and Conditions, information regarding services subject to withdrawal restrictions, and details related to costs such as shipping or installation fees;
(4) Indication of agreement or refusal to the Terms and to the matters described in item (3) above (e.g., by clicking button);
(5) Submission of the purchase application and confirmation thereof, or consent to the Company’s confirmation;
(6) Selection of payment method.

2.     If the Company needs to provide or entrust a purchaser’s personal information to a third party, the Company shall obtain the purchaser’s explicit consent at the time of the actual purchase, rather than relying on a blanket consent in the general Terms of Service. In such cases, the Company shall clearly specify to the purchaser the personal data items to be provided, the recipient, the purpose of use, and the retention and usage period. However, where the handling of personal information is entrusted in accordance with Article 26 of the Personal Information Protection Act or as otherwise permitted by applicable laws, such provisions shall prevail.

 

Article 9 (Formation of Contract)

1.     The Company may reject the accept a purchase application submitted under Article 8 if any of the following circumstances apply. However, when entering into a contract with a minor, the Company shall inform the minor that the contract may be canceled by the minor or his/her legal representative if consent from the legal representative is not obtained.
(1) Where the purchase application contains any false information, omissions, or errors;
(2) Where a minor attempts to purchase goods or services prohibited under the Youth Protection Act, such as tobacco or alcoholic beverages;
(3) Where acceptance of the purchase application is deemed to cause significant technical difficulties to the Company.

2.     A contract shall be deemed concluded at the time when the Company’s acceptance of the purchase application reaches the User in the form of a notice of receipt confirmation pursuant to Article 11(1).

3.     The Company’s expression of acceptance shall include confirmation of the User’s purchase application, availability of the Products for sale, and information regarding correction or cancellation of the purchase application.

 

Article 10 (Payment Methods)

Payment for Products purchased through Hanmarket may be made using any of the following available methods. The Company shall not charge any additional fees under any pretext in connection with the User’s choice of payment method.
(1) Virtual account deposit (deposits without a bankbook);
(2) Payment using the Hanpass Wallet — a prepaid electronic payment method as defined under Article 2(14) of the Electronic Financial Transactions Act;
(3) Other electronic payment methods as may be designated by the Company.

 

Article 11 (Notice of Receipt, Modification, and Cancellation of Purchase Application)

1.     When a User submits a purchase application through Hanmarket, the Company shall send a notice of receipt confirmation to the User.

2.     Upon receiving the notice of receipt, if the User discovers any discrepancies or errors in their application, the User may immediately request modification or cancellation of the purchase. The Company shall promptly process such requests if the User makes them before shipment of the Product. However, if the payment has already been completed, the relevant provisions of Article 14 concerning withdrawal of an offer shall apply.

 

Article 12 (Supply of Products)

1.     Unless agreed between the Company and the User regarding the supply schedule of the Products, the Company shall take necessary measures such as order processing, packaging, and shipping so that the Products can be dispatched within seven (7) days from the date the User places the order. However, if the Company has already received all or part of the payment for the Products, such measures shall be taken within three (3) business days from the date of receipt of such payment. The Company shall take appropriate steps to allow the User to check the progress and status of the supply process.

2.     The Company shall clearly indicate the delivery method and the party responsible for delivery costs for the Products purchased by the User. If the Company fails to deliver within the agreed delivery period, it shall compensate the User for any resulting damages, unless the Company proves that such delay was not caused by its intentional act or negligence.

3.     Notwithstanding Paragraphs 1 and 2, in cases delay of delivers due to reasons attributable to the Seller, the Seller shall be responsible for such delay.

 

Article 13 (Refunds)

If the Company is unable to deliver or provide the Products purchased by the User due to reasons such as stock unavailability, the Company shall promptly notify the User of such circumstances and, if payment has already been received in advance, refund the amount or take necessary measures for the refund within three (3) business days from the date of payment.

Article 14 (Withdrawal of Offer, Returns, and Exchanges)

1.     A User who has entered into a purchase contract with the Company for Products may withdraw their offer within seven (7) days from the date the User receives the written confirmation of the contract as prescribed in Article 13(2) of the Act on Consumer Protection in Electronic Commerce, Etc. (in the event of the later supply of the Products, it means within seven (7) days from the date of receipt or commencement). However, if otherwise provided under the Act on the Consumer Protection in Electronic Commerce, Etc., the provisions of such Act shall govern the withdrawal of an offer.

2.     A User may not return or exchange Products once received in any of the following cases:
(1) When the Products are lost or damaged due to reasons attributable to the User (However, withdrawal of an offer is permitted if the packaging was damaged only to inspect the contents of the Products);
(2) When the value of the Products has been significantly diminished due to the User’s use or partial consumption;
(3) When the value of the Products has substantially decreased over time, making resale difficult;
(4) When the packaging of Products that can be easily duplicated to the same performance level has been damaged.

3.     In the case of Paragraph 2 (2) or (4), if the Company or the Seller has failed to clearly indicate in an easily accessible location on Hanmarket that withdrawal, return, or exchange is restricted, or has not provided sample or trial-use Products, the User’s right to withdraw or so on shall not be restricted.

4.     Notwithstanding Paragraphs 1 and 2, if the supplied Products differ from the description or advertisement, or are performed differently with the terms of the contract, the User may withdraw from the contract within three (3) months from the date of receipt of the Products, or within thirty (30) days from the date the User became aware or could reasonably have become aware of such discrepancy.

 

Article 15 (Effect of Withdrawal of Offer, Returns, and Exchanges)

1.     When the Company has received returned Products from a User through Hanmarket, the Company shall refund the payment already received, or take necessary measures for such refund within three (3) business days. If the Company delays the refund, it shall pay interest for the delay, calculated by applying the statutory interest rate for delayed payments (15% per annum) as prescribed in Article 21-3 of the Enforcement Decree of the Act on Consumer Protection in Electronic Commerce, Etc.

2.     In the event of withdrawal of an offer or cancellation, the User shall bear the cost of returning the Products supplied. The Company shall not claim any penalty or damages against the User on the grounds of withdrawal. However, if the withdrawal or cancellation is due to the Products being inconsistent with their description, advertisement, or the terms of the contract, the Company shall bear the cost of returning the Products.

3.     If the User has paid a delivery fee when receiving the Products, the Company shall clearly indicate on Hanmarket who bears the return shipping cost in the event of withdrawal, so that the User can easily understand it.

4.     Where the User has partially used or consumed the Products, the Company may claim from the User an amount equivalent to the benefit the User obtained from such partial use or the costs incurred in supplying that portion of the Products, as follows:
(1) If consumable parts have become difficult to resell or have significantly decreased in resale value due to use, the Company may claim the cost incurred in supplying those parts;
(2) In the case of goods composed of divisible items of the same nature, the Company may claim the cost incurred in supplying the portion that has been consumed.

 

Article 16 (Protection of Personal Information)

1.     The Company shall collect only the minimum personal information necessary to provide its Services.

2.     The Company shall not collect necessary information in advance for the conclusion of purchase contract. However, where the Company is required by law or needs to verify a User’s identity to ensure safe transactions, it may collect limited and specific personal information before such contract is concluded.

3.     When collecting or using a User’s personal information, the Company shall clearly notify the User of the purpose of collection and obtain the User’s consent.

4.     The Company shall not use the collected personal information for purposes other than those originally disclosed. If a new purpose arises or if personal information is to be provided to a third party, the Company shall notify the User at the time of use or provision and obtain consent, except where provided by applicable laws.

5.     Where consent from the User is required under Paragraphs 3 and 4, the Company shall clearly specify or notify the following details in advance, as prescribed in Article 17(2) of the Personal Information Protection Act: the identity and contact details of the personal information protection manager (including department, name, and phone number), the purpose of collection and use, and matters concerning third-party provision (including the recipient, purpose of provision, items of personal information provided, and retention period). Users may withdraw their consent at any time.

6.     Users may, at any time, request access to or correction of their personal information retained by the Company. The Company shall promptly take necessary measures upon such request. If a User requests correction of an error, the Company shall not use the relevant information until the error is corrected.

7.     The Company shall minimize the number of personnel authorized to handle Users’ personal information and shall be fully responsible for any damage arising from loss, theft, leakage, unauthorized disclosure, or alteration of personal information, including credit card or bank account details, unless the Company proves the absence of fault or negligence.

8.     Any third party that receives personal information from the Company shall, without delay, destroy such information once the purpose of collection or provision has been fulfilled, except where retention is required by law.

9.     The Company shall not pre-select consent checkboxes for the collection, use, or provision of personal information. The Company shall clearly indicate which services, if any, are limited when the User refuses to give consent, and shall not restrict or deny membership registration or service use on the grounds of refusal to provide non-essential personal information.

10.  The Company may provide Users’ personal information to third parties within the scope permitted by law in the following cases:
(1) When information is lawfully requested by an investigative or government authority through due process;
(2) When necessary to investigate or prevent fraudulent or unlawful acts by a User in violation of applicable laws;
(3) When necessary to provide essential information (such as name, address, and phone number) to Sellers, delivery companies, or others for transaction fulfillment or shipping;
(4) When required to execute a completed purchase or to process returns, exchanges, refunds, or cancellations after purchase completion;
(5) When otherwise required by applicable laws and regulations.

 

Article 17 (Obligations of the Company)

1.     The Company shall not engage in any conduct prohibited by applicable laws or these Terms, or any act contrary to public order and morals. The Company shall make its best efforts to continuously and reliably provide Products and Services in accordance with these Terms.

2.     The Company shall establish and maintain a secure system to protect Users’ personal information (including credit information) and ensure safe use of internet-based Services. The Company shall publicly disclose and comply with its Privacy Policy.

3.     If the Company engages in any false or misleading labeling or advertising in violation of Article 3 of the Act on Fair Labeling and Advertising and thereby causes damage to a User, the Company shall be liable for compensation.

4.     The Company shall not send promotional e-mails or messages for profit-making purposes without the User’s explicit consent. However, the Company may, regardless of such consent, provide non-commercial notifications, including information related to the use of Hanmarket, purchase confirmations, or delivery details, when necessary to perform or facilitate the execution of a contract with the User.

 

Article 18 (Obligations of Users)

1.     Users shall comply with these Terms and Conditions, the Company’s usage policies and guidelines, and all applicable laws and regulations. Users shall not engage in any conduct that interferes with the Company’s business operations.

2.     Users shall not engage in any of the following acts:
(1) Using another person’s information or credentials without authorization;
(2) Modifying any information posted on Hanmarket;
(3) Accessing the Company’s information systems or using the Services in an abnormal manner that deviates from methods prescribed by the Company;
(4) Infringing or threatening to infringe upon the intellectual property rights, including copyrights of the Company or any third party, or engaging in conduct that disrupts the order of electronic commerce;
(5) Damaging the reputation of, or interfering with the business of, the Company or any third party;
(6) Posting or disclosing on Hanmarket any obscene, violent, or otherwise unlawful or indecent messages, images, sounds, or other materials that violate public order and morals;
(7) Engaging in direct transactions (“Direct Transactions”) with a Seller without using the Services provided by the Company, or inducing others to do so;
(8) Interfering with the sales activities of the Company or Sellers, or engaging in fraudulent or unfair transactions inconsistent with normal e-commerce practices, such as obtaining unjust benefits through the use of the online mall;
(9) Conducting abnormal or illegal payment activities, such as transactions disguised as the sale of goods or services for the purpose of cash advances, in violation of the Specialized Credit Finance Business Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., or other applicable laws;
(10) Engaging in unreasonable requests, acts contrary to public order and morals, or other conduct unrelated to the Company’s Services that interferes with the Company’s operations.

 

Article 19 (Online marketplace intermediary)

1.     As an online marketplace intermediary, the Company is responsible only for operating and managing the system necessary to provide efficient Services. The Company does not act as an agent for either the Buyer or the Seller in connection with any transactions involving goods or services. All responsibilities and liabilities arising from transactions concluded between Buyers and Sellers, as well as from any information provided or registered by them, shall rest solely with the respective Buyer and Seller.

2.     The Company does not guarantee the existence, authenticity, or validity of a Buyer’s or Seller’s intent to sell or purchase; the quality, safety, completeness, legality, or non-infringement of any listed goods; or the accuracy or legality of any information entered by Members or posted through linked URLs and all related responsibilities and risks shall be borne entirely by the respective Buyers and Sellers. However, this shall not apply where the Company is legally required to assume responsibility under applicable laws.

 

Article 20 (Disclaimer of Liability)

1.     The Company shall not be liable for any failure to provide the Services due to force majeure events such as natural disasters or any circumstances equivalent thereto.

2.     The Company shall not be responsible for any service interruptions or errors arising from causes attributable to the User.

3.     The Company shall not be liable for the reliability, accuracy, or truthfulness of any information, data, or materials posted by Users.

4.     The Company shall not be responsible for any disputes, transactions, or interactions conducted between Users, or between a User and a third party, through the use of the Company’s Services.

5.     The Company shall not be liable for any damages arising from unauthorized access to, or illegal use of, the Company’s servers by a third party; damages arising in the course of preventing or deterring illegal acts by third parties; or damages caused by viruses, spyware, or other malicious programs that were transmitted, distributed, or made available through the Services by any third party.

6.     The Company shall be liable for damages related to the provision of Services only in cases where gross negligence on the part of the Company is proven.

 

Article 21 (Ownership and Usage restrictions of Copyrights)

1.     All copyrights and other intellectual property rights in works created by the Company shall belong to the Company.

2.     Users shall not reproduce, transmit, publish, distribute, broadcast, or otherwise use for commercial purposes any information obtained through Hanmarket that is owned by the Company, or allow any third party to do so, without the Company’s prior written consent.

3.     When the Company uses any copyrighted material owned by a User under a separate agreement, the Company shall notify the User of such use.

 

Article 22 (Dispute Resolution)

1.     The Company shall make every effort to reflect Users’ legitimate opinions or complaints and to remedy any damages incurred as a result thereof.

2.     The Company shall preferentially handle complaints or opinions submitted by Users. However, if prompt processing is not possible, the Company shall immediately notify the User of the reason for the delay and the expected timeline for resolution.

3.     In the event of a consumer dispute arising from electronic commerce transactions between the Company and a User, if the User files a request for dispute resolution, such dispute may be submitted to mediation by a dispute resolution body designated by the Fair Trade Commission or the relevant provincial governor.

 

Article 23 (Governing Law and Jurisdiction)

1.     Any litigation arising from electronic commerce disputes between the Company and the User shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the location of the Company’s principal office. However, if the User’s address or place of residence is unclear at the time of filing, or if the User resides outside of Korea, the competent court shall be determined in accordance with the Civil Procedure Act of the Republic of Korea.

2.    Any disputes between the Company and the User shall be governed by and construed in accordance with the laws of the Republic of Korea.