Terms and Conditions of Use of Espoir services (domestic)

Article 1 (Purpose)

These terms and conditions seek to set forth the rights, duties, and responsibilities of customers in using the website (http://www.espoir.com) operated by Espoir Co., Ltd., an e-commerce business operator (“company”), and the relevant services (“service”) provided by the Espoir stores (“mall” hereinafter, referring to both the website and the stores collectively). These terms and conditions shall apply to PC or mobile communication-based e-commerce transactions as well unless these terms and conditions run counter to their purposes and characteristics.

Article 2 (Definitions of Terms)

(1) “Mall” means the virtual selling facility set up to enable the transactions of goods, etc., using computers and IT equipment in order for the company to provide goods and services (“goods, etc.”) to its customers. It shall also mean the businessmen who operate the mall.

(2) “Customer” refers to any of the members and non-members who use the services provided by the company based on these terms and conditions.

(3) “Service” pertains to any of the Internet-related visible and invisible services provided by the company to the users through its website based on the duties in connection with the details described under Article 4 .

(4) “Member” means any of those who have registered as a member by providing their personal information to the mall on the company’s website in order to use or receive steadily the information provided by the mall.

(5) “Non-member” refers to any of those who use the services provided by the mall without signing up for membership.

Article 3 (Indication, description, and amendment of terms and conditions)

(1) The company will display the provisions of these terms and conditions, corporate name, full name of the representative, address of sales offices (including addresses through which customers’ complaints may be handled), phone and fax numbers, e-mail address, taxpayer code, mail-order business registration code, personal information manager, etc. on the homepage of the mall so that customers may access them easily. Note, however, that the provisions of these terms and conditions may also be displayed for viewing by the customers on linked screens.

(2) The key provisions of these terms and conditions -- including those related to the withdrawal of subscription, responsibility for delivery, and conditions for refund -- should be displayed on a separate linked screen or a pop-up screen so that customers may check them before agreeing to these terms and conditions.

(3) These terms and conditions may be amended within the extent that does not violate the relevant statutes, including the Act on the Consumer Protection in e-Commerce, etc., Act on the Regulation of Terms and Conditions, Framework Act on electronic transactions, Digital Signature Act, Act on the Promotion of Information and Communications network utilization and information protection, etc., Act on Door-to-Door Sales, etc., Act on the Consumer Protection, and Personal Information Protection Act.

(4) When amending these terms and conditions, the mall will publish the enforcement date and reasons for amendment along with the current terms and conditions on the initial screen of the mall beginning seven days to the day before the enforcement date. When these terms and conditions are to be amended in a manner that is disadvantageous to the customers, however, the mall will publish them with a grace period of 30 or more days. In such case, the details before and after the amendment will be displayed by the mall for comparison to allow the customers to understand the amendment easily.

(5) The mall will clearly indicate that those members who fail to express their objection to the amendment within 30 days will be deemed to have consented to the new terms and conditions when publishing the amendment as per Paragraph (4). A member who fails to express objection to the mall specifically despite the clear warning shall be deemed to have agreed to the new terms and conditions.

(6) When a member does not agree to the amended terms and conditions, the mall will not apply them to the member, who may then terminate the service contract. If a member continues to use the services even after the day the amended terms and conditions enter into force, the member shall be deemed to have agreed to the amended terms and conditions.

(7) Matters other than those set forth under these terms and conditions and their interpretation will be subject to the Act on the Consumer Protection in e-Commerce, etc., Act on the Regulation of Terms and Conditions, Fair Trade Commission-provided Guidelines for the Protection of Consumers in e-Commerce etc., relevant statutes, or business practices.

Article 4 (Service provision and amendment)

(1) The mall will perform the following duties:
1. Services of providing information concerning goods or services and concluding purchase contracts;
2. Delivery of goods for which purchase contracts have been concluded;
3. Provision of services for purchase contracts and delivery;
4. Response to and handling of customer requests concerning the relevant services; and
5. Other duties performed by the mall

(2) The contents of goods to be offered by the mall may be modified based on the contracts to be signed in the future when the goods are sold out or their technical specifications are changed. In such case, the contents of the modified goods, etc. and provision date will immediately be published on the site where the contents of the currently available goods, etc. are displayed.

(3) When the contents of goods, etc. to be offered by the mall based on the contracts to be signed are to be modified because the goods are sold out or their technical specifications are changed, the customer will immediately be notified of the reason by any means available.

(4) In cases falling under Paragraph (3), the mall will compensate the customer for damages attributable to the mall. Note, however, that this shall not apply when the mall is proven not to have caused the damages intentionally or due to negligence on its part.

Article 5 (Suspension of service)

(1) The mall may suspend its services temporarily by notifying the relevant fact in case of the need for repair, inspection, or replacement, failure of computers and other IT equipment, or disruption of communications.

(2) The mall will compensate the users for the damages caused by such temporary suspension of services for any of the reasons specified in Paragraph 1. Note, however, that it will not assume responsibility when it is free from intent or negligence.

(3) When the mall becomes unable to provide services because of the switch in business lines, abandonment of services, merger between companies, etc., the mall will notify the users and compensate them based on the terms it presented in advance. When it has not announced the compensation criteria, etc. in advance, the mall will pay for the users’ mileage or accumulated amounts in cash or kind equivalent to the monetary value of currencies circulated on the mall.

Article 6 (Membership subscription)

(1) Customers may consent to these terms and conditions by checking their agreement with them after checking the provisions of these terms and conditions and filling out the mall-provided form with membership information. A customer who checks the “I Agree” field will be deemed to have consented to these terms and conditions.

(2) The mall registers as members those who subscribe to its services as set forth in Paragraph 1 unless they fall under any of the following:
1. When the membership eligibility of the subscriber was previously revoked pursuant to these terms and conditions;
2. When the applicant provided false or wrong information or omitted information from the registered contents provided for her application;
3. The company restricts membership subscription by children below 14 years in order to protect their personal information especially based on the company’s policy;
4. When the applicant has subscribed to services by using another person’s name;
5. When the applicant has subscribed to the services for the purpose of damaging public order, peace, or customs; or
6. When the applicant fails to satisfy the company-provided requirements for subscription

(3) The company may hold its acceptance of the subscription in any of the following cases until the reason for restricting its acceptance of the subscription is removed:
1. When there is no room in the service-related equipment;
2. When there is a technical failure; or
3. When deemed necessary by the company

(4) The membership contract will be deemed constituted when the mall’s acceptance reaches the member.

(5) All customer information indicated in the application form will be regarded as true data. Customers who failed to enter their true name or information will not be protected legally, and their access to the service may be restricted.

(6) In case of any change in the information entered at the time of subscribing for membership, the member should immediately notify the mall of such change by e-mail or other means. The mall will not be held responsible for any disadvantages caused by the member’s failure to notify the mall of such change.

Article 7 (Withdrawal of membership and loss of eligibility)

(1) Members may request the mall for withdrawal of membership at any time. For its part, the mall will acknowledge their withdrawal without delay.

(2) The Espoir cubic (online service points) held by the members will expire when they withdraw membership.

(3) In any of the following cases, the mall may restrict, suspend, or revoke the eligibility of the member:
1. When the member provided false information on her subscription form;
2. When the member fails to pay for the goods, etc. purchased from the company using the mall or her liability incurred in connection with her use of the mall within the given period;
3. When the member obstructs others in using the mall service or disrupts e-commerce order by stealing information concerning others or engaging in similar acts;
4. When the member maliciously obstructs the service operation;
5. When the member distributes computer virus programs or similar items that cause the malfunction of IT equipment or destruction of information files, etc.;
6. When the member uses the mall using abnormal means, including malfunction or errors of IT equipment;
7. When the member illegally uses personal information, ID, or password belonging to others
8. When the member duplicates, circulates, or commercially uses information using the service information of the company without its prior permission; or
9. When the member engages in any other act prohibited by the statutes or these terms and conditions or which violates public order or customs in using the mall

(4) A member’s membership is erased when the mall revokes the eligibility of the member. In such case, the mall will notify the member to grant her an opportunity to explain by giving a period of 30 or more days before revoking her eligibility.

Article 8 (Notice to the members)

(1) The mall may notify a member using the e-mail address or other means indicated by the member in her registration data as designated or provided based on her agreement with the mall in advance.

(2) The mall may post a notice to many unspecified members on the service bulletin board for a week or longer in lieu of making individual notifications. For matters that significantly affect the transactions directly with them, however, the mall will notify the members individually.

Article 9 (Order for a purchase)

Customers apply for purchase of items from the mall using the following or similar means, with the company providing the following details in an intuitive manner to facilitate customers’ order for purchase (Subparagraphs 2 ~ 4 may not apply in case of members, however):
1. Search and selection of goods, etc.;
2. Entry of name in full, address, phone number, e-mail address, mobile phone number. etc.;
3. Verification of contents of these terms and conditions, services for which cancellation of application or subscription is restricted, and details related to expenses or fees, including those related to delivery, installation, and similar services;
4. Agreeing to these terms and conditions, confirmation or rejection of items in Subparagraph 3;
5. Order for the purchase of goods, etc. or its confirmation, or agreement to the mall’s confirmation; or
6. Selection of payment means

Article 10 (Constitution of purchase contracts)

(1) The mall may not accept the customer’s order for purchase if it falls under any of the following (in case of contracts signed by a minor, however, the minor or the legal guardian may cancel the relevant contract if the mall fails to obtain consent from the guardian):
1. When the applicant provided false or wrong information or omitted information from the registered contents provided for her application;
2. When a minor purchases goods, etc. without consent from the guardian; or
3. When the acceptance of the purchase is believed to cause a remarkable technical impediment

(2) The mall’s acceptance is delivered to the customer in the form of an e-mail message when the order is finished. The contract is deemed to have been constituted at the time the e-mail reaches the customer.

(3) The mall’s acceptance includes confirmation of the customer’s purchase order and information concerning the availability, correction, or cancellation of the purchase order.

Article 11 (Payment method)

Payment for goods, etc. purchased from the mall may be made using any of the means listed below. Note, however, that the mall will not collect any additional charges or fees from the customer on the payment for goods, etc. made by any means.
1. Internet banking, phone banking, and other account transfer;
2. Payment by debit card, prepaid card, or credit card;
3. Online wire transfer to the mall's bank account; or
4. Payment by coupons issued by the mall or other sales promotional means

Article 12 (Espoir online activity stamp)

① The Espoir online activity stamp is a reward earned for writing a review after a member purchases an Espoir product from the mall. It cannot be accumulated or used at offline stores other than the mall.

② The Espoir stamp is valid for two years from the day it is earned but automatically expires when a customer withdraws her membership.

③ The Espoir stamp operation policy may be restricted or modified depending on the changes in the company’s policies and business conditions. The details may be checked through the website.

④ The Espoir stamp may be decreased or deleted in the following cases:
1. Changes in the mall’s policies;
2. When a customer obtains the stamp by illegitimate means;

⑤ When an Espoir stamp expires due to the reason described in Subparagraph 1, Paragraph 4, the mall will notify customers of the fact at least 30 days in advance so that they may use the stamp.

Article 13 (Notification of order confirmation, modification or cancellation of purchase order)

(1) The mall notifies a customer applying for purchase of order confirmation.

(2) Upon finding any discrepancy between what she indicated and the order confirmation received from the mall, the customer may request for the modification or cancellation of the purchase order through the mall’s website or by phone immediately upon receipt of the order confirmation. For its part, the mall should comply with such request without delay. Note, however, that the subscription withdrawal policy applies when payment has already been made.

(3) When a customer requests for modification or cancellation, and the mall is unable to control the order processing, the goods, etc. should be returned based on the subscription withdrawal policy.

Article 14 (Delivery)

(1) Unless agreed upon otherwise with the customer regarding the time of supply of the goods, etc., the mall takes the necessary actions to deliver the goods, etc. within seven days of the customer’s order, including ordering of the production and packing. When the mall has already received all or part of the entire payment for the goods etc., however, the mall takes the necessary actions to deliver the goods, etc., within three days of the date partial or full payment is made. In such cases, the mall takes appropriate actions to check the supply procedure and progress status of the goods, etc.

(2) The mall specifies the delivery means, freight charge payer, and delivery period of the goods purchased by the customer based on such means. If the mall makes a delivery beyond the agreed-upon delivery period intentionally or due to negligence on its part, it should compensate the customer for damage caused by the delay. This does not apply to cases wherein the mall is proven to be free from intent or negligence, however.

(3) The mall should pack the goods adequately to prevent any breakage in the delivery process. The mall should also attach a document indicating the details of the order to the goods (“delivery note”) when supplying the goods, etc. based on the consumer’s order pursuant to the Act on the Consumer Protection in e-Commerce.

Article 15 (Refund)

(1) A customer who has signed a contract with the mall on the purchase of goods, etc. may cancel the order within seven days of the date of receiving the order confirmation (from the day the goods, etc. are delivered or the day delivery is started when the goods, etc. are delivered after the order confirmation is issued, however).

(2) The customer may neither return nor request for the exchange of goods, etc. after they are delivered in any of the following cases:
1. When the goods, etc. are lost or damaged due to reasons attributable to the customer (the order can be canceled when the customer has damaged the packaging to check the contents of the goods, etc., however);
2. When the value of the goods, etc. has remarkably decreased due to total or partial consumption by the customer;
3. When the value of the goods, etc. has remarkably decreased to a level that makes resale impossible due to the lapse of time; or
4. When the customer has damaged the packaging of the original goods, etc. and they can be duplicated into those with identical performance

(3) The customer’s right to cancel an order is not restricted unless the mall clearly indicated the fact in advance and in a way that can be easily understood by the consumers that the customer’s order cancellation would be restricted in cases falling under Subparagraphs 2 ~ 4, Paragraph 2.

(4) Notwithstanding Paragraphs 1 and 2, customers may cancel an order within 3 months of the date the goods, etc. are delivered to them or within 30 days of the date they become aware of the fact or the fact is known to them when the mall has supplied the goods, etc. in a way that is different from their indication or advertisement or from the contract provisions.

Article 17 (Effect of order cancellation)

(1) The mall returns the amount paid for the goods, etc. within three business days (refunded on either Tuesday or Friday each week in a batch) when customers return the goods, etc. to the mall. When the mall delays the refund for the returned goods, etc., it pays a delay penalty interest for the delayed period by applying the delay interest rate publicly announced by the Fair Trade Commission.

(2) In refunding the payment to the customer, the mall requests the business operator that provided the payment means to suspend or cancel the billing of the amount payable for the goods, etc. without delay when the customer has paid for the goods, etc. by credit card or digital currency.

(3) The customer basically shoulders the expenses incurred for the return of goods, etc. supplied when the order is canceled. The mall does not claim any cancellation penalty or damage compensation for canceled orders. Note, however, that the mall shoulders the expenses incurred for the return of the goods, etc. when the order is canceled if the mall has supplied the goods, etc. in a way that is different from their indication or advertisement or from the contract provisions.

(4) When the customer rejects or wishes to return the goods, etc. for refund, the mall should shoulder the delivery cost (round-trip delivery cost if the goods, etc. have been purchased for the first time or one-way delivery cost if pre-paid by the customer) and bank charges for wire transfer. The mall refunds the money once the return of the goods is confirmed.

(5) The customer should shoulder the round-trip delivery cost when returning the goods for replacement or refund simply because she changed her mind.

(6) When the customer wishes to return the goods because skin troubles have developed despite using the goods supplied by the mall according to the instruction, the customer should request for return within 30 days of the date the goods are delivered, with the return delivery cost charged to her account. When the customer submits a medical certificate issued by a dermatologist for the return of the goods, the mall assumes the return delivery cost and the customer shoulders the various other expenses incurred, including those for obtaining the medical certificate. The mall assumes the cost for the medical certificate when reasonable causality is recognized between the relevant goods and the skin trouble.

(7) The customer should shoulder the delivery cost when the goods are redelivered because of the customer’s absence or due to failed delivery owing to an incorrect recipient address.

(8) In case of all types of returns, the customer should return all promotional gifts or other items provided for free as well. If the customer has consumed such gift items, the mall may deduct their value from the refunded amount. Note, however, that this does not apply to cases of return due to reasons attributable to the mall.

Article 18 (Protection of personal information)

(1) The company collects the minimum information required to provide services by obtaining the consent of customers who wish to subscribe to membership. It may collect additional information as required to operate the membership system during the duration of the membership as well as at the time of its subscription. Members may enjoy continued benefits of the service and protection of their personal information when they notify the company or the customer service center of its alliance partner in case of any changes in their personal information, their personal information is stolen by others, or similar circumstances arise.

(2) The members’ personal information collected under these terms and conditions are used to provide the members with good-quality services, not for purposes other than the purpose of their collection.

(3) The use of personal information may vary depending on the changes in services provided to the members. In such case, the company notifies the members in advance pursuant to the procedure set forth in these terms and conditions. If the member does not raise any objection to the company within 30 days of the company’s notification of a change in connection with the personal information, the member is deemed to have consented to the provision and use of their personal information by the company or its alliance partner. Nonetheless, members may always withdraw their consent at any time.

(4) The company discloses its personal information handling policy concerning the members’ personal information and implements its privacy policy pursuant to such policy.

(5) Members may check the details concerning the company’s handling of their personal information through the personal information handling policy on the company’s website.

Article 19 (Duties of the mall)

(1) The mall refrains from engaging in any acts prohibited under the statutes and these terms and conditions or which violate public order or custom and exerts its best efforts to provide stable services steadily as stipulated in these terms and conditions.

(2) The mall ensures that it is equipped with security systems to protect the customers’ personal information (including their credit information) so that they may use the Internet service safely.

(3) Customers assume responsibility for compensating for damages sustained by other customers by engaging in unjust labeling or advertising acts specified in the Act on Fair Labeling and Advertising with regard to goods or services.

(4) The mall does not transmit advertising e-mail messages to seek profit unless consented to by the users.

Article 20 (Duties of users concerning their ID or password)

(1) Users are responsible for keeping their ID and password secure.

(2) Members should not let any third party use their ID or password.

(3) Members should notify the mall right away when their ID or password is stolen or found or detected to have been used by a third party and shall follow any instructions or information provided by the mall.

(4) The mall does not assume responsibility for damages sustained by the members due to their violation of Paragraphs 2 and 3.

Article 21 (Duties of customers)

(1) Customers should refrain from engaging in the following acts, and the mall may take appropriate actions pursuant to these terms and conditions and the relevant statutes when such acts are committed by a customer:
1. Uploading false information for subscription or reporting of changes [in personal information];
2. Unauthorized use of information belonging to others;
3. Arbitrary change or alteration of information displayed in the mall;
4. Transmitting or uploading information (including computer programs, etc.) other than those provided by the mall;
5. Infringing the copyright or other intellectual property rights of the mall or a third party;
6. Engaging in acts that damage the reputation of the mall or a third party or obstruct their business activities;
7. Acts of impersonating any of the mall’s management team members, employees, or related personnel;
8. Acts of collecting or storing the personal information of other customers without obtaining the mall’s approval; or
9. Acts of disclosing or uploading on the mall any obscene or violent messages, images, voices, or other information violating public order or customs

(2) Customers should prepare their membership application form or report of changes in their membership information with all items based on facts. They will not be able to exercise any rights if they register false information or information belonging to others.

(3) Customers should comply with these terms and conditions, various other regulations set forth by the mall, and items published by the mall, including public announcements. They should not engage in any acts impeding the mall’s operations or damaging the mall’s reputation.

(4) The mall will not be held responsible for any disadvantages caused by the member’s failure to notify the mall of any changes in the service contract, including changes in address, contact phone, and e-mail address.

(5) Customers should not carry out any profit-seeking activities using the service without prior approval from the mall. The mall does not assume any responsibility for the consequences of such profit-seeking activities. Furthermore, when the mall sustains any damage due to a customer’s profit-seeking activities, the customer is responsible for compensating for such damage sustained by the mall. The mall may restrict the use of the service or claim compensation for damage from the customer pursuant to legitimate procedures.

Article 22 (Relations between links and linked malls)

(1) The mall may link itself with other sites by hyperlink (hyperlink targets include texts, figures, video files, etc.).

(2) The mall does not assume any responsibility for the trading of goods or services independently by the customers with other linked sites.

Article 23 (Ownership of copyright and restriction on use)

(1) The mall maintains all of the ownership, copyright, and other intellectual property rights concerning any copyrighted materials made by the mall.

(2) Customers should neither use information subject to the intellectual property rights of the mall among those acquired while using the mall for commercial purposes nor let a third party use them through duplication, transmission, publication, distribution, broadcasting, or other similar means without prior permission from the mall.

(3) The copyright of materials uploaded or displayed by the customers on the service pages belongs to the authors. The customer who has uploaded or displayed the materials is responsible for any infringement of rights of a third party or other disputes.

(4) The mall may delete -- or take similar actions against -- the materials uploaded or displayed by a customer when they violate public order or the mall’s operational policies or infringe the rights of other members or third parties.

Article 24 (Provision of information)

(1) The mall may provide members with various types of information deemed to be required for them to use the services by e-mail or letter by obtaining their consent.

(2) The mall may request members to provide additional personal information in order to improve the services or introduce customer-oriented services.

Article 25 (Settlement of disputes)

(1) The mall sets up and operates the Mall Customer Counseling Center, an organization for handling damage compensation, in order to process compensation for damages sustained by customers while reflecting their reasonable suggestions or complaints.

(2) The mall processes complaints and suggestions presented by customers with priority. If it is difficult to process them promptly, however, the mall immediately notifies the customers of the reason and the planned processing schedule.

(3) When a customer requests compensation for damages arising in connection with an e-commerce transaction between the mall and the customer, such dispute may be subject to mediation by the E-Commerce Dispute Mediation Commission established pursuant to the Framework Act on E-Commerce and its Enforcement Decree.

Article 26 (Jurisdiction and governing law)

(1) Any lawsuit concerning an e-commerce transaction between the mall and a customer should be filed with the court of law having jurisdiction over the customer’s address at the time the lawsuit is filed. If the customer has no address, the lawsuit should be filed with the court of law having jurisdiction over her abode. If the customer’s address or abode is unknown, or the customer is an overseas resident, however, the lawsuit should be filed with a court of law determined under the Civil Procedure Act.

(2) The laws of the Republic of Korea apply to legal disputes arising between the mall and its customers.